According to reports, the Czech Republic’s Ministry of Justice has said that Indian judicial authorities have no jurisdiction in the Nikhil Gupta case.
The family of Gupta, who is wanted by the US for allegedly plotting to kill pro-Khalistan Sikh sepratist leader Gurpatwant Singh Pannun in coordination with an Indian government official, filed a petition with the Indian Supreme Court last week asking for the Union Government to get involved in the extradition process initiated by the US against the accused.
Indian Judicial Authorities Have No Jurisdiction
“Any judicial authorities of the Republic of India have no jurisdiction in the matter in question; the case is under the jurisdiction of the competent authorities of the Czech Republic,” said Vladimír Repka, the spokesperson of the Czech Ministry of Justice.
The extradition decision of the Municipal Court in Prague is not yet in legal force, any judicial authorities of India have no jurisdiction: Czech Justice Ministry
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A bench of Justices Sanjiv Khanna and SVN Bhatti had asked the petitioner to approach the concerned court in the Czech Republic for the matter, saying that it is an extremely sensitive matter for any Indian ministry to come in.
However, later, the court agreed to hear the plea on 4 January.
Allegations of Unfair Trial
In the habeas corpus petition filed by Gupta’s family, accusations were made of procedural failures that have marred the extradition proceedings.
Gupta’s family claimed that the trial was not fair because there was no arrest warrant, the accused was not fairly represented in court, and he was denied consular access and basic rights.
In addition, they said that despite being a staunch vegetarian, Gupta was coerced into eating meat.
The Czech Ministry of Justice denied these allegations and said it had received no complaints from Nikhil Gupta or his defence counsel that he was not allowed to contact the consular office.
Repka said, “Nikhil Gupta is represented in the proceeding on his extradition to a foreign state by a defence counsel of his own choice, Mr. Petr Slepička.”
“Likewise, the Ministry of Justice of the Czech Republic does not have any information, nor has received any complaints that Mr. Nikhil Gupta has been provided with an inappropriate diet,” the ministry said.
Extradition Request
Repka confirmed that Gupta was arrested upon his landing in Prague on 30 June at the request of the US. The US eventually submitted a request for extradition of the accused in August.
He further stated that the Municipal Public Prosecution Office in Prague filed a motion to declare the extradition as admissible after a preliminary investigation, after which the Municipal Court in Prague ruled that the extradition of Gupta to the US was admissible.
The request was made “for the crime of conspiracy to commit murder for hire,” Repka confirmed.