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Nikhil Gupta, a Delhi-based businessman, faces a legal battle after being arrested in the Czech Republic on the request of the US authorities. The arrest, linked to an alleged murder plot against US-based Sikh separatist Gurpatwant Singh Pannun, has prompted Gupta’s family to approach the Supreme Court of India, citing violations of his fundamental rights.
Nikhil Gupta’s family challenges violation in Supreme Court
Nikhil Gupta’s family filed a petition, claiming irregularities in his arrest, including the absence of a formal arrest warrant and the involvement of self-proclaimed US agents rather than local Czech authorities. The petition asserts that Gupta, a law-abiding citizen, has been kept in solitary confinement for over 100 days.
Allegations and Violations:
- No Formal Arrest Warrant:
The petitioner highlights that Gupta was not shown any arrest warrant during the initial detention, raising concerns about the legitimacy of the apprehension. - Forced Consumption of Beef and Pork:
Gupta, a devout Hindu and vegetarian, alleges forced consumption of beef and pork during his detention in Czech custody, a direct violation of his religious beliefs. - Denial of Consular Access:
The petitioner claims that Gupta was denied consular access, infringing upon his right to communicate with Indian diplomatic representatives. - Restrictions on Family Contact:
Gupta’s family asserts that he was not allowed to contact them in Delhi, further violating his basic rights and freedoms. - Threats to Life and Well-Being:
The petition highlights leaks of confidential information regarding Gupta’s case in the US, putting his life and well-being at risk in the Czech Republic and posing a threat to his family in Delhi.
Procedural Violations:
The family contends that there have been numerous procedural violations, compromising Gupta’s fundamental rights and basic human rights. The petition emphasizes Gupta’s status as a middle-class businessman running a consultancy dealing with excavation and import-export.
US Allegations:
In November, the US Justice Department disclosed Gupta’s name, charging him for his alleged participation in a foiled plot to assassinate a US citizen of Indian origin in New York. The document identifies Gupta’s involvement in international narcotics and weapons trafficking, hiring a hitman for the job, who turned out to be an undercover cop.
As the legal battle unfolds, Nikhil Gupta’s case underscores the complexities of extradition and the need for a fair and transparent legal process to address allegations while ensuring the protection of fundamental rights.
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