The Supreme Court on Thursday refused to entertain a petition by a family member of Indian national Nikhil Gupta, under detention in a Czech prison over allegations of involvement in a foiled plot to kill pro-Khalistan Sikh separatist Gurpatwant Singh Pannun in the United States, for consular access.
The US has accused Gupta of plotting to kill Pannun, an American citizen, at the behest of an Indian intelligence official.
"There is nothing much we can do. You are entitled for consular access under the Vienna convention, which you have already got," a bench of Justices Sanjiv Khanna and Dipankar Datta said.
It said in view of the principles of public international law and comity of courts, none of the prayers made in the petition (for intervention by the government of India in extradition proceedings and cooperation in legal proceedings in Czech Republic) can be granted.
'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 do not think any of the prayers can be granted. As per the writ petition itself, the officer of the Indian embassy in Prague visited the petitioner while in detention on September 17, 2023,' the court said in its order.
During the hearing, the bench told senior advocate CA Sundaram, appearing for Gupta's relative, that the court should respect the jurisdiction and sovereignty of the foreign court and law of that land and, therefore, it cannot go into the merit of the matter.
When Sundaram claimed that Gupta has been lodged in solitary confinement, the bench said, "We are not concerned with all those facts. Don't argue about something which we will not go into and examine. Look, there are two principles...this is a matter related to public international law. We have to respect the sovereignty and jurisdiction of other courts. We will not allow you to comment upon and say something about the other court's jurisdiction etc."
Sundaram, however, insisted it was purely a human rights issue and he has not got any assistance that was sought from the Indian embassy and the Ministry of External Affairs.
"Only thing under the Vienna Convention you are entitled to is consular access. In case consular access has been denied or it's not acceptable, you can approach the authorities. That's all. As per your list of dates, you yourself accept that twice consular access has been granted," Justice Khanna told the lawyer.
Sundaram, while referring to the petition, said, "I have sought assistance from the Indian embassy (in Czech Republic). I have sought assistance from the Ministry of External Affairs. I have not received any response from any of them. I am saying as an Indian citizen, I have a right to seek assistance from my State to enable me to defend myself in whatever manner I can."
He said an official from the Indian embassy met Gupta but that was prior to his indictment and launch of extradition proceedings.
Sundaram said Gupta was seeking assistance from Indian authorities as he has been indicted for acting at their behest.
Gupta has been charged by the US authorities with trying to hire a hitman for USD 100,000 to kill Pannun in New York.
"The indictment is entirely on the basis that I have acted at the behest or I would say at the instruction of authorities concerned with the Union of India," he said.
Telling the lawyer that he was digressing from his petition, the bench said, "We are not going to allow you to even touch that topic. We are not in seisin (a term related to possession of land) of that matter. We are not concerned with the issues which are pending over there."
The bench said it is a sensitive matter and the government alone can decide if it wants to deal with it or not.
After the bench had dictated the order, Sundaram said the government should treat the petition as a representation. The bench said it is taking the statement on record but it is up to the government to decide on it.
Gupta was arrested in Czech Republic on June 30.
He has alleged grave human rights violations in solitary confinement, including being forced to consume beef and pork.
He has also alleged that he was denied consular access, the right to contact his family in India and the freedom to seek legal representation.
On November 29, 2023, Gupta was charged by federal prosecutors in the United States for his alleged participation in the foiled plot to assassinate Pannun on American soil.
The 52-year-old was charged with murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, which also entails a maximum sentence of 10-year jail term.
