"Move Czech court": Supreme Court to family of Nikhil Gupta detained in Prague for plot to kill Khalistani separatist Pannun

A Habeas Corpus plea has been filed before the Supreme Court by family of Indian national Nikhil Gupta, who is currently detained in Czech Republic for conspiring to assassinate Khalistani separatist and US-Canadian citizen Gurpatwant Singh Pannun. .The plea seeking the intervention of the Government of India to release him was heard by a bench of Justices Sanjiv Khanna and SV Bhatti which gave a prima facie opinion that the petitioners would have to approach the court in Czech Republic where Gupta is detained."You have to go before the court which is outside India. Go over there. We are not going to have an adjudication over here. The person detained has not given the affidavit. If there is violation of any law etc you have to go to court over there," the Court said.The Court also asked who has filed the petition.Senior Advocate Aryama Sundaram, appearing on behalf of the petitioner, said that the plea has been filed by a family member of Gupta. Sundaram also said that this was the second such indictment on behalf of United States of America and Gupta has been caught in the crossfire. The Court eventually posted the case for consideration on January 4. "We will have this on January 4 after vacations. We will decide on next day. Serve copy to central agency," the Court said..Gupta said in his plea that he was in Czech Republic on a leisure and business exploration trip when he was illegally detained at the Prague Airport on June 30. "The circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities," he said.The plea narrated in detail the manner in which he was detained at the airport after he had crossed the immigration counter. As per the petition, just as the Petitioner was exiting the airport, he was approached by certain individuals who identified themselves to be law enforcement and detained the petitioner without declaring any reason as to why he was being detained. He was forced into a sports utility vehicle (SUV) and a device was attached to his mobile phone."Then these individuals who claimed to be law enforcement officers forcefully made the petitioner sit in an unidentified black SUV. It may be noted that the black SUV already had two individuals hiding inside. The individuals took the petitioner’s mobile phones forcefully from the petitioner and attached a device to it as they continued to question the petitioner. Furthermore, the petitioner submits that the self-introduced American agents even forcefully made the Petitioner open/ unlock his phone using face ID feature (on the iPhone). They also took pictures of the petitioner. After much resistance from the petitioner, the individuals who had apprehended the petitioner identified themselves to be American agents," the plea said.It is pertinent to note that the petitioner was not stopped at the immigration counter and was actually apprehended after immigration when he had in fact exited the Airport at Prague, it was pointed out. This round of questioning in the back of an SUV for three hours was absolutely illegal and against the principles of both international and municipal law, it was contended. The petitioner, a devout Hindu and vegetarian, was subjected to forced consumption of beef and pork during his detention in Czech custody, a direct violation of his religious beliefs, the petition said.Moreover, he was denied consular access the right to contact his family in India and the freedom to seek legal representation.The petitioner invoked Article 12 of the Universal Declaration of Human Rights which article safeguards individuals against arbitrary interference with privacy, family, home, or correspondence and protects against attacks on honor and reputation."He claims that, as a law-abiding middle-class businessman, his journey to the Czech Republic for leisure and business exploration turned into a nightmare due to an illegal arrest, language barriers, and lack of assistance, violating his rights under Articles 14, 19, and 21, along with the right to freedom of religion," the plea said. .Meanwhile, Czech authorities have confirmed that Gupta was detained at the behest of United States of America. The US prosecutors have charged Gupta of working with an Indian government employee in the foiled attempt to kill Pannun on US soil. Pannun holds dual citizenship of US and Canada.