NEW DELHI: A U.S. federal judge in Manhattan has allowed government prosecutors to keep certain secret government records out of the hands of Nikhil Gupta’s defense team, even as his high-profile trial approaches in November.
In a 17 September ruling, Judge Victor Marrero agreed with prosecutors who argued that some classified information in their possession was either repetitive of what the defense already has or not relevant to the case. The decision was taken under the Classified Information Procedures Act (CIPA), a U.S. law that lets judges decide whether secret national security material must be shared with the defense. Such proceedings are often held in closed-door sessions, where even the defense lawyers are sometimes excluded, to protect sensitive intelligence.
This came after earlier hearings in August and September where the court met separately with Gupta’s lawyers and with the government to understand both sides’ positions. The judge’s order, as well as the sensitive records in question, will remain sealed.
On 27 August, the judge rejected Gupta’s bid to force prosecutors to turn over more evidence — a request known in American courts as a “motion to compel.”
Around the same time, both sides filed detailed legal briefs following a suppression hearing, where the defense asked the court to throw out certain evidence and statements, and also to dismiss one of the charges against Gupta.
One of the defense’s key targets is Count three of the indictment. This charge accuses Gupta of “using a firearm in furtherance of a crime of violence.” His lawyers — led by Nola B. Heller, with Matthew Laroche also appearing — argue it is legally invalid because the underlying conspiracy charge does not meet the strict U.S. definition of a “crime of violence.” If Count three stands, it carries especially heavy penalties under U.S. law.
On 3 September, the judge also approved a timetable for both sides to disclose expert witnesses and so-called Rule 404(b) evidence — a U.S. rule that lets prosecutors introduce evidence of a defendant’s “other bad acts” to show things like motive or intent. The government’s deadline was 8 September, while the defense’s expert witness list is due 8 October.
In recent days, the parties have exchanged motions in limine — pre-trial requests to decide what evidence the jury will be allowed to see. Gupta’s lawyers have included a video from Canada as part of their filings, while prosecutors submitted over twenty exhibits that suggest they intend to present a broad set of materials.
The court has also extended the deadline for both sides to submit their proposed jury instructions and questions for jury selection until 26 September.
Jury selection itself is scheduled to begin on 3 November 2025 in the Southern District of New York that will set the keenly watched case in motion.
Gupta has pleaded not guilty to all charges, which stem from an alleged plot to assassinate Gurpatwant Singh Pannun, a U.S.-based functionary with the organisation Sikhs for Justice. Both Gupta and Pannun are proscribed individuals in India. His legal team continues to press to exclude evidence and dismiss charges as the case heads toward trial.
