The United States has declined to present evidence against an Indian man jailed for allegedly plotting to assassinate Gurpatwant Singh Pannun, a famous Sikh activist residing in New York.
On January 8, a district judge ordered the US administration to begin disclosing discovery materials to Nikhil Gupta’s defence attorneys, who was arrested in the Czech Republic last year and is seeking extradition. However, according to Indian media sources, the US has refused to disclose such documents, arguing that the information will be provided only after his appearance before a New York court.
Gupta, 52, has been accused by US prosecutors of participating in a conspiracy to assassinate Pannun, who heads the pro-Khalistan group Sikhs for Justice (SFJ), which wants a separate nation-state for India’s Sikh minority and is designated as a terrorist organization by New Delhi.
On January 4, Gupta’s attorney filed a motion in the US District Court, urging it to direct the federal government to provide materials to justify the charges against Gupta, according to The Hindu. The attorney claimed that the Indian national had not visited the US since 2017.
The motion also stated that Gupta’s family had informed the media that they did not have access to him, that he was not granted consular access, and that he was enduring “basic human rights violations” in Prague. Gupta’s attorney in New York, Jeff Chabrowe, stated that his client had been examined by top US agents “on several occasions.” He stated that the defence counsel in Prague had no proof or case materials beyond the “bare [US] indictment.”
On January 8, Victor Marrero, a US district judge, granted the US government three days to respond to the application. A government attorney, however, contested the move, saying that case materials would be produced “promptly” once Gupta arrived in the United States for his arraignment.
Last month, Gupta’s family claimed that he had been starved for 11 days and forced to eat beef and pork, despite informing officials that he is a vegetarian, according to a plea filed in India’s Supreme Court. The plea argued that Gupta’s arrest had been a case of “mistaken identity,” and urged the court to direct the Indian government to intervene in his extradition proceedings. However, the court rejected the plea, citing the matter’s sensitivity.
In November, the US Department of Justice accused an Indian government official of orchestrating Pannun’s assassination in collaboration with Gupta and other individuals. Shortly after the indictment, New Delhi appointed a committee to investigate “all relevant aspects” of the US case. FBI Director Christopher Wray then proceeded to New Delhi to meet with top Indian officials.
The US indictment also cited the death of Hardeep Singh Nijjar, a well-known Khalistan activist in Canada, who was shot dead by unknown gunmen near Vancouver. In September of last year, Canadian Prime Minister Justin Trudeau claimed his country had “credible intelligence” linked Indian agents to the assassination. New Delhi reacted strongly, denying the charges and demanding proof from Ottawa.
