NEW DELHI: ‘Transporting Nikhil Gupta like cattle is nowhere close to dignified treatment.’
A source close to the family of Delhi-based Nikhil Gupta, who was extradited to the United States from Czech Republic on the allegations of orchestrating an assassination attempt of Washington-based Khalistani operative Gurpatwant Singh Pannun, while speaking to The Sunday Guardian has revealed how Gupta is being subjected to inhumane treatment by the US government, something which he was subjected at the hands of official in Czech Republic. The source, who requested anonymity citing the sensitive nature of the case and the ongoing legal battle that Gupta’s family is engaged in, said that both Czech and US officials have failed to act transparently in the matter while wrongly arresting an innocent man and endangering his life.
Q: The US Department of Justice indictment states that Nikhil Gupta faced a criminal case in Gujarat that was dismissed after he allegedly provided assistance in the attempt to kill Khalistani operative Gupatwant Singh Pannun. Are you aware of this specific criminal case, or is it possible that there was a case against him that you were not informed of?
A: As the Director General of Police of Gujarat has already said, there has never been a case against him. He’s an honest businessman.
Q: How regularly have you been speaking to him? What does he say? How is his health? Is he being treated in a dignified manner?
A: Many times we are left to speculate if he is doing well or not. Communication has been irregular. For many days we wondered what had happened only to learn later that he had already been extradited from Prague to the United States without his lawyers or the India Embassy’s knowledge. They have restored communication now. All these days of solitary confinement have taken a toll on his mental and physical well-being. Even when he is sick, he doesn’t let his family know. He had a fever last month when he was in Czech, and the family got to know 15 days later when he got better. Treating him in a dignified manner? Well not letting anybody know about his extradition and transporting him like cattle is nowhere close to dignified treatment.
Q: How was he treated in Prague? Were prison officials sharing necessary information with you to help build his defence, a right for every detainee and their family members?
A: Well, the family never received any information from the prison authorities. Even his physical measurements that were taken during his arrest were denied to his lawyers. The meta data which is every detainee’s right was denied to his lawyers. We were refused many documents and information. He was in solitary confinement for almost nine months. We can’t even imagine the mental trauma he has endured.
Q: How would you describe the way the trial of Mr Gupta was conducted there?
A: We believe that the trial wasn’t fair. For instance, they gave an ex-parte decision in the Czech High Court. It was done in a closed chamber without his lawyers being present or informed. He wasn’t provided meta data, he wasn’t provided height and weight data*. The constitutional court’s order said that he could have denied CC-1’s* demands, however in none of his submissions did he ever say that he knew any CC-1 or obliged anyone. I am shocked at how unfair Czech authorities are.
(*CC-1, as per the allegations of the United State government, is an Indian government employee who was the brain behind this alleged assassination plot. *Height and weight data becomes crucial for the defence because it can prove that the allegations are a work of fiction).
Q: Have they revealed when they received the arrest order from the US?
A: At first they said they had received the arrest order 11 days prior to his arrival in Prague, later they changed it and said they received it on 27th June which is three days prior to his arrival.
Q: I can understand that the last one year would have been traumatizing for the family members. What now? Considering he is now in the US? Were you expecting his extradition?
A: Nobody was expecting him to be extradited. We all believed that he would be given a fair trial, leading him to be released in the Czech Republic itself. We all are devastated. We expect the Indian embassy to provide a consular visit and the MEA to help him since he is an Indian citizen.
Q: He has been detained in a Brooklyn based prison which is understaffed, and has a history of prison violence. Recently a US judge refused to send prisoners to this prison considering how unsafe it was. Is this something that is bothering you?
A: Yes, the entire family is worried about his safety and well-being. The most concerning part is that he is not being provided with vegetarian meals. It’s impacting his health. It’s heartbreaking to know that he would be starving.
When they extradited him, they also seized the notes he prepared for his defence. They have no right to do so, as they were his personal notes, prepared by him to prove his innocence.
Q: Navigating a legal battle in a country like the US can be extremely expensive, even for its own citizens. How are the family members coping with the financial strain?
A: It has been really difficult for the family. They have exhausted their resources. It’s emotionally, mentally and financially draining. Till now, we haven’t been able to entirely fulfil the monetary commitments of Czech lawyers too and we don’t know how we would afford to fight this legal battle in the US.
Q: How would you describe the response of the Ministry of External Affairs in this entire episode to have been?
A: He is an Indian citizen and so we have been trying to reach out to our embassy and the Ministry of External Affairs through emails. We hope that they revert soon.