Today (January 04, 2024), the Supreme Court (SC) refused to entertain a plea filed by the family of Indian Citizen Nikhil Gupta alleging that his arrest was marked by irregularities. He faced charges from United States authorities in connection with the plot to assassinate Khalistani separatist Gurpatwant Singh Pannun. The petitioner was detained in the Czech Republic on June 30, 2023. The matter was heard today by a two-judge bench comprising Justice Dipankar Datta and Justice Sanjiv Khanna. The bench declined to intervene with the petition stating that it is a sensitive issue involving international law. In context with the petitioner’s request to treat the petition as a representation to the government, the top court illustrated that whether to intervene in the matter or not is for the Union government to decide.
The petition addressed here was filed under Article 32 of the Indian Constitution. In the petition, the petitioner asserted violations of his fundamental rights such as the right to contact his family in India, denial of consular access, and the freedom to seek legal representation, during his solitary confinement for over 100 days. He further claimed that in Czech custody, he was forced to eat beef violating his religious beliefs. After hearing the matter, the SC declined to interfere stating that it was up to the ministry to determine how far they should intervene.