Plea by Nick Gupta's relative for consular access rejected

The Supreme Court on Thursday rejected a petition by an unidentified relative of Nikhil Gupta, an Indian national accused in a US court of plotting an assassination attempt on a Sikh separatist leader in New York, seeking consular access and further legal assistance to challenge his indictment and extradition to the US.

- Utkarsh Anand

The court cited principles of "public international law and comity of courts" and said the matter is "extremely sensitive" with "serious ramifications", and thus, it is only for the Government of India to decide "whether they wish to at all deal" with Gupta's case or not.

Gupta, charged by the US government for involvement in a conspiracy to kill Sikh separatist leader Gurpatwant Singh Pannun on American soil, has been in jail in Prague since he was detained in the Czech Republic six months ago. The 52-year-old, also known as Nick (Gupta), is detained in Prague's Pankrac prison.

A bench of justices Sanjiv Khanna and Dipankar Datta held that an Indian court ought to show deference to the sovereignty of other countries and the legal system in the Czech Republic, under which Gupta was being tried.

"We are not inclined to entertain this petition considering this is a matter relating to public international law and in view of the principles of sovereignty and comity of courts," said the bench, even as it left it open for Gupta and his family to approach Indian government authorities.

During the hearing, the court repeatedly called the matter "sensitive", making it clear that the issue is outside the jurisdiction of Indian courts, which can only concern itself with the compliance of the Vienna Convention.

"I don't think we can give you any relief. We can't... consular access is the only thing that he is entitled to under the Vienna Convention and he has already got it. This is a matter relating to public international law. We have to respect the sovereignty and jurisdiction of other courts," said the bench.