The Supreme Court on Thursday refused to entertain a Habeas Corpus plea filed by a family member 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.A bench of Justices Sanjiv Khanna and Dipankar Datta observed that since the case is a sensitive one involving questions of international law, it will be appropriate for the Central government to take a call on the same by treating the plea as a representation.Senior Advocate Aryama Sundaram with advocate Rohini Musa appeared for the petitioner."We are hopeful that the Government of India would render the assistance necessary to enable an Indian citizen to adequately defend himself before a foreign court and to ensure no further violations of his human rights," Musa said after the hearing.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.Czech authorities too confirmed that Gupta was detained at the behest of United States of America.When the matter first came up for hearing on December 15 last year, the top court had given a prima facie opinion that the petitioners would have to approach the court in Czech Republic where Gupta is detained.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 plea narrated in detail the manner in which he was detained at the airport after he had crossed the immigration counter.As per the plea, 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.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, the plea claimed.
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.
TAGS: Supreme Court Denies Habeas Corpus Plea Nikhil Gupta
