The Czech justice ministry said that India’s judicial authorities have ”no jurisdiction” in the case involving Nikhil Gupta, who was charged by the US government of involvement in a conspiracy to kill a Sikh separatist on American soil.
The statement was issued by Czech justice ministry spokesperson Vladimir Repka, days after Gupta’s family approached the Supreme Court requesting for its intervention in the matter.
Gupta, 52, has been in a jail in Prague since he was detained in the Czech Republic around six months ago. The US has approached the Czech government for his extradition, proceedings of which are underway.
Commenting on the situation, Repka said, “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.”
Last week, a family member of Gupta approached the apex Court pleading for issuing direction to the Indian government to intervene in the extradition proceedings and ensure a fair trial in the case.
Gupta was charged by the US federal prosecutors of working with an Indian government employee in the plot to kill Gurpatwant Singh Pannun, US-based Sikh separatist who holds dual citizenship of the US and Canada.
A probe committee has been constituted by India to investigate allegations.
According to the applicable legislation of the Czech Republic, the defence counsel must always be representing a person against whom extradition proceedings are initiated, the spokesperson said.
”If a person does not have a defence counsel in cases where must have one, a defence counsel would be immediately appointed by the competent court,” Repka told PTI in an email responding to a query.
”According to the available information, Nikhil Gupta is represented in the proceeding on his extradition to a foreign state by a defence counsel of his own choice, Petr SlepiÄka,” he said.
The spokesperson also said that the Czech ministry of justice does not have any information, nor has received any complaints from Gupta or his defence counsel that he was not allowed to contact India’s consular office.
Allegations that Gupta was not being provided appropriate diet in the prison has also been dismissed by Repka.
On Thursday, External Affairs Ministry Spokesperson Arindam Bagchi said India received consular access on three occasions to Gupta and that necessary consular assistance is being extended to him.
”An Indian national is currently in the custody of the Czech authorities pending a request for extradition to the US. We have received consular access at least on three occasions,” Bagchi said at his weekly media briefing.
”We are extending necessary consular assistance as per requirement,” he added.
(with PTI inputs)
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