Pannun case: Czech top court says Indian suspect can be extradited to US

Nikhil Gupta, the Indian suspect, contested the decision of the lower courts, arguing that they failed to examine the political motives behind the alleged act he stands accused of

After nearly a year since his detention by Czech authorities in Prague at the request of the US government, Nikhil Gupta faces extradition to the United States. The highest court of the Czech Republic has approved Gupta’s extradition to stand trial for allegedly plotting to kill Khalistani separatist Gurpatwant Singh Pannun, at the behest of an Indian government official.

In a statement released on Wednesday evening, the Constitutional Court of the Czech Republic dismissed Gupta’s legal challenge against the rulings of the Municipal Court in Prague dated November 23, 2023, and the High Court in Prague dated January 8, 2024, both of which had ruled positively on the admissibility of the US extradition request.

 

Gupta had contested the decision of the lower courts, arguing that they failed to examine the political motives behind the alleged act he stands accused of.

However, the Constitutional Court rebuffed Gupta’s assertion, stating that the lower courts meticulously reviewed all extradition documents submitted by the US government, along with additional information provided by the US in response to Gupta’s objections.

This recent development paves the way for Gupta’s extradition, pending the final decision from the Ministry of Justice.

Extradition ruling upheld

The Constitutional Court’s final ruling comes nearly four months after its interim decision on January 30, which suspended the lower courts’ rulings allowing Gupta’s extradition, citing no significant harm to public interest if this action was delayed.

Earlier this month, Marketa Androva, spokesperson of the Czech Ministry of Justice, told a Indian newspaper that the top court’s interim decision impedes the Minister of Justice from making a decision on extradition or refusal until the Constitutional Court adjudicates on the merits of Gupta’s complaint.

Under the extradition treaty between the US and Czech Republic, Gupta’s extradition is sought by the US government.

Gupta was detained by Czech authorities upon his arrival in Prague on June 30 last year, at the request of the US government.

Alleged assassination plot

US prosecutors have accused Gupta of attempting to hire a hitman to kill Pannun, a US citizen designated as a terrorist under the Unlawful Activities (Prevention) Act in India. Gupta also alleged human rights violations by Czech authorities during his custody, an issue the Constitutional Court was tasked to investigate.

Last year, the US shared information with the Indian government regarding the foiled assassination bid, urging an investigation into the alleged involvement of the Indian official.

While the identity of the Indian official, referred to as CC1 in the indictment, remains undisclosed, a recent report by The Washington Post alleged the involvement of a former Indian intelligence officer in the plot to kill Pannun on American soil. The Ministry of External Affairs (MEA) denounced the report as “unwarranted and unsubstantiated”.