Attorney: An Indian man accused of a US murder plot faces violations of his rights

New York: According to court documents, Indian national Nikhil Gupta is being subjected to human rights violations, such as prolonged solitary confinement, while in custody in the Czech Republic. He is being accused by federal prosecutors of engaging in a murder-for-hire plot to kill a Khalistani terrorist on American soil.

Additionally, according to court records, Gupta last visited the US in 2017.

Federal prosecutors in this country accused 52-year-old Gupta in an indictment that was made public in November of last year with collaborating with an Indian government employee in the thwarted attempt to assassinate dual US and Canadian citizen Khalistani terrorist Gurpatwant Singh Pannun on US territory.

On June 30, 2023, Gupta was detained in Prague, Czech Republic, and is still detained there. His extradition to the US is being sought by the US government.

In a “Motion to Compel Production of Discovery,” his lawyer Jeff Chabrowe asked the court to order federal prosecutors to provide “the defence materials relevant to its ability to defend the instant charges” on January 4 in the US District Court, Southern District of New York. His legal representative claimed in the application that Gupta, an Indian citizen, “was last in the United States in 2017.”

According to the petition, Gupta is not permitted consular contact, his family has told the media that they have “limited access” to him, and he “faces basic human rights violations in custody in Prague, including extended solitary confinement.” On his behalf, a habeas corpus has been submitted to the Czech Supreme Court.” On January 8, US District Judge Victor Marrero granted the government three days to reply to the motion that Gupta’s legal representative had submitted. In a response submitted to the district court on Wednesday, the government said that Gupta’s request for discovery materials ought to be turned down.

“The government respectfully submits this letter in opposition to defendant Nikhil Gupta’s motion to compel discovery during the pendency of his extradition proceedings in the Czech Republic,” according to federal prosecutors.

They declared that “the government is prepared to produce discovery promptly upon the defendant’s appearance in this District and arraignment on this case,” in accordance with federal standards of criminal process. But before then, the defendant claims he has no right to discovery and that the court has no valid cause to provide it.” US Attorney Damian Williams responded on behalf of the government, stating that Gupta has not yet established any legal claim or basis for discovery. Like any other criminal defendant, the government is prepared to provide him discovery as soon as he shows up and is arraigned in this District. Williams said that his move to compel discovery ought to be rejected.

In its response, the US government points out that the accusations are included in a 15-page supplemental indictment along with more factual information about the murder-for-hire scheme and Gupta’s efforts to enhance it.

As stated in the superseding indictment, Gupta arranged for a colleague to pay a US law enforcement undercover agent in Manhattan an initial sum of USD 15,000 in cash in order to enable the assassination.

Over many weeks, Gupta often spoke with the undercover agent and a confidential US law enforcement source, whom Gupta suspected of being a criminal accomplice, about the alleged conspiracy, “including on video calls in which the defendant personally appeared.”