The top court of the Czech Republic has ordered a stay on an order of the lower court allowing the extradition of Nikhil Gupta, the Indian national indicted by the United States of plotting to kill Khalistan separatist leader Gurpatwant Singh Pannun, The Indian Express reported on Tuesday.
In its interim order dated January 30, the Constitutional Court in Prague held that delay in Gupta’s extradition to the US for criminal prosecution would not result in any significant harm to the public interest and would result in disproportionately greater harm to him than anyone else.
“The Minister of Justice cannot decide on extradition or refusal until the Constitutional Court decides on the merits of the complaint filed by Nikhil Gupta,” The Indian Express quoted a spokesperson of the Czech Ministry of Justice as saying.
Nikhil Gupta, a Delhi-based businessman who was arrested in the Czech Republic in 2023, challenged the decision of the Municipal Court and High Court in Prague on January 19, 2024, that ruled positively on the admissibility of the US’s request for his extradition.
Zuzana Cernecká, Gupta’s lawyer, has made an argument that both courts did not properly assess the political nature of the act.
“Suspending the enforceability of the contested decisions means that the Constitutional Court needs to acquaint itself with the matter. It thus preventively protects the fundamental rights of the complainant whose rights might be irreversibly infringed upon, until it decides, as the case may be, on the merits,” Pavel Dvorák, head of the external relations and protocol department of the Czech Constitutional Court told IE in an emailed response
Gupta, detained by Czech authorities at the US’s behest, faces extradition for allegedly conspiring to murder Pannun on behalf of an Indian official. US prosecutors charge Gupta with attempting to hire a hitman to kill Pannun, an Indian terrorist under the UAPA.
Gupta has alleged human rights violations during his Czech custody, an issue to be scrutinised by the Constitutional Court. Last year, the US informed India of the thwarted assassination attempt, urging an investigation into the involvement of the Indian official.
