A New York Court has directed the federal government to reply to a motion filed by Indian-origin Nikhil Gupta, accused of plotting to kill Khalistani terrorist Gurpatwant Singh Pannun on American soil, seeking some material related to the charges. US federal prosecutors have charged that Gupta was working with an Indian government employee in the foiled plot to kill Khalistani terrorist Gurpatwant Singh Pannun, who holds dual citizenship of the US and Canada.
"On January 4, 2024, defence counsel filed a motion to compel production of discovery, requesting that the Court enter an order directing the Government to begin providing defence counsel with discovery material. The Court hereby directs the government to file a reply to the Motion to Compel within three days of the date of this order," US District Judge Victor Marrero said in the order.
However, the US government objected to providing defence materials to Indian national Nikhil Gupta and said it will provide the information only upon his appearance in a New York court and arraignment in the case. In the government's response, US Attorney Damian Williams said that Gupta has identified no legal entitlement or justification for discovery at this time.
“The government stands ready to provide discovery to him, like any other criminal defendant, promptly upon his appearance and arraignment in this District. His motion to compel discovery should be denied,” Williams said.
Earlier, Nikhil Gupta, aged 52 was charged with murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison. Following the charges, Nikhil Gupta's kin moved to the Supreme Court Of India and filed a plea that claimed that the influence of the US on the Czech authorities poses a reasonable apprehension about Gupta's safety in Czech prison.
However, the SC rejected the plea and observed the case as a sensitive issue and that it should respect the jurisdiction of the foreign court. It had earlier asked the kin of Gupta to first approach the court in the Czech Republic where he is presently detained. Adjourning the hearing to January 4, it had said, "If there is a violation of any law, you have to go to court over there."
Meanwhile, Czech authorities arrested and detained Gupta on June 30, 2023, pursuant to the bilateral extradition treaty between the United States and the Czech Republic. He was arrested in the Czech Republic at the request of the United States.
(With Agency Inputs)