Highlights

  • New York court asks US govt to submir reply in Nikhil Gupta case
  • Nikhil Gupta charged by US for allegedly planning Pannun's murder
  • The Indian man was arrested by Czech authorities on behalf of US in June 2023

Latest news

India, Russia are embarking on new journey of innovation, co-production and co-creation: PM Modi

India, Russia are embarking on new journey of innovation, co-production and co-creation: PM Modi

India is conducting independent and sovereign policy under leadership of PM Modi,  achieving very good results: President Putin

India is conducting independent and sovereign policy under leadership of PM Modi, achieving very good results: President Putin

Indian businesses can replace void left by Western companies in Russia, says Roscongress CEO Stuglev

Indian businesses can replace void left by Western companies in Russia, says Roscongress CEO Stuglev

Regulator DGCA eases flight duty norms for pilots amid IndiGo crisis

Regulator DGCA eases flight duty norms for pilots amid IndiGo crisis

Dalai Lama launches 'Forest Resources in India' focused on climate, conservation and community

Dalai Lama launches 'Forest Resources in India' focused on climate, conservation and community

RBI raises FY26 GDP growth projection to 7.3 pc

RBI raises FY26 GDP growth projection to 7.3 pc

AAP to hold farmers’ Mahapanchayat in Gujarat's Amreli on December 7 amid crop loss crisis

AAP to hold farmers’ Mahapanchayat in Gujarat's Amreli on December 7 amid crop loss crisis

OnePlus marks 12 years in India with a new six-star lineup for the 15R reveal

OnePlus marks 12 years in India with a new six-star lineup for the 15R reveal

New York court asks US govt to submit proof against Indian charged in Pannun murder plot

The US govt has been ordered by a New York court to reply to a motion seeking release of evidence against an Indian man charged for allegedly plotting to kill Pannu. 

New York court asks US govt to submit proof against Indian charged in Pannun murder plot

The US government has objected to providing defence materials to Indian national Nikhil Gupta, detained in a Czech prison on murder-for-hire charges in a foiled assassination attempt on a Khalistani extremist, saying it will provide the information only upon his appearance in a New York court and arraignment in the case.

Gupta, 52, was charged by federal prosecutors here in an indictment unsealed in November last year with working with an Indian government employee in the foiled plot to kill Khalistani separatist Gurpatwant Singh Pannun, who holds dual US and Canadian citizenships, on American soil.

Gupta was arrested in Prague, the Czech Republic on June 30, 2023 and is being held there currently. The US government is seeking his extradition to America.

Gupta’s attorney filed a ‘Motion to Compel Production of Discovery’ on January 4 in the US District Court, Southern District of New York requesting the Court to direct federal prosecutors to provide “the defence materials relevant to its ability to defend the instant charges.” US District Judge Victor Marrero had on January 8 given the government three days’ time to respond to the motion filed by Gupta’s attorney. The government, in its reply filed with the district court Wednesday, said Gupta’s motion asking for discovery material should be denied.

“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,” federal prosecutors said.

They said that consistent with federal rules of criminal procedure, “the government is prepared to produce discovery promptly upon the defendant’s appearance in this District and arraignment on this case. Before then, however, the defendant is not entitled to discovery, and he identifies no good reason for the Court to order it.” 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.

Gupta’s counsel in New York Jeff Chabrowe has said in his motion that the attorney representing Gupta in Prague in his extradition proceedings states that “no evidence or documentation of any sort has been given to him other than the US indictment itself.” He said Gupta has been interviewed in Prague “by groups of senior US agents on several occasions and continues to be interviewed.” “An order compelling discovery is particularly appropriate here” as Gupta “is being subject to repeated interrogations by US officials without the presence of the counsel representing him in his criminal case," the motion by Chabrowe said.

"The defence counsel present in Prague has no evidence or other case materials, other than the bare indictment. Most critically, the defendant continues (to be) interrogated by US officials, after the indictment, where his uninformed counsel has no ability to secure his rights. Accordingly, this Court should order the government to comply with the defence discovery request here,” the motion said.

Gupta's motion said a municipal court in Prague has initially recommended extradition, "but several layers of judicial review remain before any final extradition order issues." It added that in the interim, Chabrowe asked the US Attorney's office to begin providing discovery but the US Attorney for the Southern District of New York "refuses to do so." The government, in its motion, rejected Gupta’s assertion that he has been subjected to repeated interrogations by US officials without the presence of the counsel representing him in his criminal case.

“In fact, he has met only twice with US law enforcement authorities, the second time in the presence of counsel, and on both occasions, he was advised of his rights. In the first meeting, immediately after his arrest, the defendant waived his rights verbally and spoke with law enforcement agents.” The government said that the second meeting occurred in the presence of Gupta’s counsel in the Czech Republic, and when he declined to be interviewed, the meeting concluded.

India has already constituted a probe committee to investigate the allegations.

ADVERTISEMENT

Up Next

New York court asks US govt to submit proof against Indian charged in Pannun murder plot

New York court asks US govt to submit proof against Indian charged in Pannun murder plot

India not neutral, it is on side of peace: PM Modi to Putin on Ukraine conflict

India not neutral, it is on side of peace: PM Modi to Putin on Ukraine conflict

AAP to hold farmers’ Mahapanchayat in Gujarat's Amreli on December 7 amid crop loss crisis

AAP to hold farmers’ Mahapanchayat in Gujarat's Amreli on December 7 amid crop loss crisis

Russian President Putin accorded ceremonial welcome at Rashtrapati Bhavan

Russian President Putin accorded ceremonial welcome at Rashtrapati Bhavan

IndiGo disruptions worsen; over 400 flights cancelled, passengers stranded for long hours

IndiGo disruptions worsen; over 400 flights cancelled, passengers stranded for long hours

Over 500 BJP and Congress leaders join AAP at Gujarat Jodo JANSABHA in Morva Hadaf

Over 500 BJP and Congress leaders join AAP at Gujarat Jodo JANSABHA in Morva Hadaf

ADVERTISEMENT

editorji-whatsApp

More videos

Gujarat AAP alleges irregularities in farmer relief package distribution

Gujarat AAP alleges irregularities in farmer relief package distribution

IndiGo cancels all departing flights from Delhi airport till Friday midnight

IndiGo cancels all departing flights from Delhi airport till Friday midnight

Major traffic restrictions in Delhi amid Putin's visit

Major traffic restrictions in Delhi amid Putin's visit

SIR in Gujarat: More than 17 lakh deceased voters found on electoral rolls

SIR in Gujarat: More than 17 lakh deceased voters found on electoral rolls

Indian athletes boosting nation's pride globally: UP CM Adityanath

Indian athletes boosting nation's pride globally: UP CM Adityanath

Uttarakhand begins pre-revision exercise to verify voters from 2003 rolls

Uttarakhand begins pre-revision exercise to verify voters from 2003 rolls

PM Modi presents copy of Gita in Russian to Putin

PM Modi presents copy of Gita in Russian to Putin

IndiGo says ops to be fully normal by Feb 10, seeks FDTL relaxations; cancels over 550 flights

IndiGo says ops to be fully normal by Feb 10, seeks FDTL relaxations; cancels over 550 flights

PM Modi warmly welcomes Putin at Delhi airport; hosts private dinner, reflecting time-tested friendship

PM Modi warmly welcomes Putin at Delhi airport; hosts private dinner, reflecting time-tested friendship

Russian President Putin says India, Russia collaboration not directed against anyone

Russian President Putin says India, Russia collaboration not directed against anyone

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.