June 18th 2024.
In a courtroom in New York, Nikhil Gupta stood before Magistrate Judge James Cott on Monday, facing accusations of being involved in a "murder-for-hire" plot against a Khalistani separatist. Through his lawyer Jeffrey Chabrowe, Gupta pleaded not guilty, making his first appearance in a US court since being extradited from the Czech Republic last Friday.
Chabrowe addressed reporters outside the courtroom, emphasizing that this is a complex case for both India and the US and urged for no rush to judgment. He assured that they will vigorously defend Gupta and that more information will come to light that will challenge the prosecution's version of events.
The prosecution, represented by Assistant Federal Prosecutor Ashley Nichols, stated that Gupta is being charged in the murder-for-hire plot and Cott ordered for him to remain in custody until the next court date on June 28. Chabrowe did not request for bail at this time, reserving the right to do so in the future.
According to the indictment, Gupta, who also goes by the name "Nick", is accused of participating in a plan to assassinate the leader of a US-based organization advocating for the secession of Punjab state and the establishment of a Sikh sovereign state known as Khalistan. The leader, identified as Gurpatwant Singh Pannun, is a lawyer with US and Canadian citizenships who resides in New York and runs a campaign for Khalistan. Pannun, who is designated as a terrorist by the Indian government, leads the organization Sikhs for Justice, which is conducting a "referendum" on Khalistan among Sikhs.
Gupta, a 52-year-old man of slight build, entered the courtroom dressed in black pants and a sweater, sitting beside his lawyer at the defense table. The two were seen chatting and even laughing before the proceedings began. However, when the hearing was over, the marshals escorting him made him remove the sweater and hand it over to his lawyer, as he was not allowed to have it. Gupta was left with only the T-shirt he had on underneath. Prior to entering the courtroom, his handcuffs were removed.
Chabrowe informed the magistrate that the conditions at the Metropolitan Detention Center, where Gupta is being held, are poor and that he has not eaten due to the unavailability of vegetarian food. He highlighted that this is a matter of religion for Gupta. In response, Cott instructed the lawyer and prosecutors to address this issue with the prison officials and report back to him within 24 hours if it is not resolved. Chabrowe also requested for arrangements to be made for Gupta to be able to pray.
During the proceedings, when the lawyers and defendants were asked to identify themselves, Cott greeted Gupta with a customary "Good afternoon, Mr. Gupta". Seated on a podium with the US Seal and Flag behind him, the magistrate read Gupta his rights to a fair trial, including the right to remain silent and to have a lawyer present. He also mentioned that as a foreign citizen, the US government may have to inform consular officials. Nichols stated that although it is not mandatory in this case, the government will do so. Cott reminded the prosecution of the rules for a fair trial, emphasizing that they must provide the defense with all information that is favorable to the accused as soon as it becomes available, or else the case may be dismissed and disciplinary action may be taken against the lawyers. He later issued this as a written order.
Jagjit Singh, an associate of Pannun in his law practice, was present in the courtroom, observing the proceedings. After the hearing, he recorded videos outside the court about the case. According to the chargesheet, Gupta was recruited to "orchestrate the assassination". He then contacted someone he believed to be a criminal associate, but was actually a confidential source working with US law enforcement. This person introduced him to a purported hitman, who was actually an undercover US law enforcement officer. Gupta offered him $100,000 to carry out the assassination and arranged for an advance of $15,000 to be delivered by an associate. The hitman was given details about Pannun and was also informed that Hardeep Singh Nijjar, a Khalistan leader based in Canada who was killed in British Columbia, was a target. The prosecution also revealed that Gupta himself had described his involvement in narcotics and weapons trafficking.
Gupta was arrested in the Czech Republic last June at the request of the US. His extradition was delayed due to his appeal to the Czech Constitutional Court, which was rejected last month, allowing for his extradition to the US.
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