New Delhi: The Supreme Court has rejected the plea of the family members of Nikhil Gupta, who is currently in detention in the Czech Republic and is accused in the alleged failed plot to kill US-based Khalistani activist Gurpatwant Singh Pannun.A division Bench of Justice Sanjiv Khanna and Justice Dipankar Datta called it a “sensitive” matter and said it is for the “government to take action”. “…This is a sensitive matter for the government also. It has its own ramifications. We will not in this court make any statement. It is for the government to do what they want,” Justice Sanjiv Khanna said, according to the Indian Express.Justice Khanna also said, “Considering the public international law and comity of courts, we can’t intervene.”The United States accused Gupta of a plot to kill Pannun at the behest of an Indian intelligence official. He was arrested in June last year and Czech courts are considering his extradition, as requested by the US.Justice Dipankar Datta also concurred with the view of his fellow judge. “We have examined the prayers made in the present writ petition. Keeping in view the principles of public international law and sovereignty and comity of courts, we don’t think any of the prayers can be granted.”Earlier, Gupta’s kin told the court the events leading up to his arrest had been marked by “irregularities”. “From the outset, the petitioner contends that the circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities,” the petition said, according to the Hindustan Times.“The petitioner was not shown any arrest warrant during the initial detention. Instead, he found himself in the custody of individuals purporting to represent US interests,” the petition further added.In response to a submission by Gupta’s counsel, C. Aryama Sundaram, Justice Khanna stated that all aspects of the matter in question are covered by the Vienna Convention while pointing out that he had already been granted consular access twice.“The only thing under the Vienna convention you are entitled to is consular access. In case consular access is denied or is not acceptable, you can approach the authorities. That’s all. Your list of dates says consular access was granted twice,” said the court.Earlier, on December 22, the spokesperson for the Czech justice ministry had declared that India’s judicial authorities hold “no jurisdiction” in the case.
