New Delhi: A US federal court on Thursday (January 11) denied Nikhil Gupta’s motion to compel the American government to produce materials relating to his alleged murder-for-hire case.
The US government has alleged that Gupta was part of a conspiracy to assassinate Gurpatwant Pannun, a pro-Khalistan lawyer and US citizen, on US soil and that he was engaged in this mission by an Indian government official.
PTI reported US District Judge Victor Marrero as saying on Thursday that the court was persuaded by the US government’s argument that Gupta did not yet have the right to be provided with the case materials and evidence he sought.
According to an earlier report by the news agency, Gupta’s attorney argued that his lawyers in the Czech Republic – where he has been jailed since June – were unable to secure his rights due to lack of information on the case.
“The defence counsel present in Prague has no evidence or other case materials other than the bare indictment,” his counsel in the US Jeff Chabrowe told the court according to PTI.
Chabrowe continued: “Most critically, the defendant continues (to be) interrogated by US officials, after the indictment, where his uninformed counsel has no ability to secure his rights.”
“Accordingly, this court should order the government to comply with the defence discovery request here,” he said.
His request for ‘discovery’ refers to a request to the prosecution to share certain case materials and evidence ahead of trial.
District Judge Marrero had on Monday (January 8) given the government three days to respond to Gupta’s motion.
The government responded by saying that it was ready to produce discovery upon Gupta’s appearance in court and that he was not entitled to discovery until then, PTI reported.
It also denied that Gupta was repeatedly interrogated by US officials in the Czech Republic, adding that Gupta and law enforcement authorities had only met twice.
Gupta voluntarily spoke to authorities in their first meeting and declined to be interviewed upon their second meeting, PTI cited the US government as arguing.
A plea filed in the Indian Supreme Court on Gupta’s behalf claims that the circumstances around his arrest in the Czech Republic were marked by irregularities.
Gupta has also challenged a Czech court’s order allowing his extradition to the US.