A New York Court ordered the US government to respond to a motion filed by Nikhil Gupta’s lawyers, seeking material relating to the charges against him. Gupta has been accused by the US authorities of plotting to kill Khalistani separatist Gurpatwant Singh Pannun.
“On January 4, 2024, defense counsel filed a motion to compel production of discovery, requesting that the Court enter an order directing the Government to begin providing defense counsel with discovery material. The Court hereby directs the Government to file a reply to the Motion to Compel within three days of the date of this order,” US District Judge Victor Marrero said in the order on January 8.
In November last year, the US Department of Justice, in an indictment filed in a federal court in Manhattan, claimed that an Indian official was working with Gupta, an Indian citizen, in the foiled plot to kill Pannun.
Gupta, 52, has been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison, US Attorney for the Southern District of New York, Matthew G Olsen, has said.
Prosecutors said that Czech authorities arrested and detained Gupta on June 30, 2023, pursuant to the bilateral extradition treaty between the US and the Czech Republic. Gupta was arrested in the Czech Republic at the request of the US in connection with his participation in the murder plot.
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US government objects
The US government has objected to providing defence materials to Indian national Nikhil Gupta, saying it will provide the information only upon his appearance in a New York court and arraignment in the case, PTI reported.
The government, in its reply filed with the district court on 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.
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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.
Pannun murder plot
Earlier, the Financial Times, citing multiple sources, had reported that the US had “thwarted a conspiracy to assassinate” Pannun on American soil and “issued a warning to India’s government over concerns it was involved in the plot”.
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Describing it as a “matter of concern”, India had announced a high-level probe. Pannun is wanted by Indian probe agencies on various terror charges.
(With inputs from PTI)