On Thursday, the Supreme Court declined to entertain a Habeas Corpus petition filed by a relative of Indian citizen Nikhil Gupta, presently held in the Czech Republic for allegedly plotting the assassination of Khalistani separatist Gurpatwant Singh Pannun, a US-Canadian citizen.
Justices Sanjiv Khanna and Dipankar Datta, acknowledging the case's sensitivity involving international law, suggested that it would be more suitable for the Central government to address the matter by considering the plea as a representation.
Represented by Senior Advocate Aryama Sundaram and advocate Rohini Musa, the petitioner expressed hope for the Indian government's assistance in enabling Gupta's defence in the foreign court and safeguarding his human rights.
US prosecutors have accused Gupta of collaborating with an Indian government employee in a failed attempt to assassinate Pannun in the US. Pannun holds dual citizenship in the US and Canada. Czech authorities confirmed Gupta's detention at the request of the United States.
Initially, when the case was heard on December 15 last year, the Supreme Court suggested that the petitioners approach the Czech Republic court where Gupta is detained.
In Gupta's plea, he detailed his detention at Prague Airport on June 30 during a trip for leisure and business exploration. He claimed that he was detained after passing the immigration counter and narrated being apprehended by individuals claiming to be law enforcement without a stated reason. Gupta alleged illegal detention, forced attachment of a device to his phone, and being held in an SUV for three hours, violating international and municipal laws.
The petition further highlighted alleged violations, including forced consumption of beef and pork against Gupta's religious beliefs, denial of consular access, contact with family, and the right to legal representation.
Citing Article 12 of the Universal Declaration of Human Rights, the petition emphasised protection against arbitrary interference with privacy, family, home, or correspondence and safeguards against attacks on honour and reputation.
