Panun Killing Plot Case Update: Nikhil Gupta's Controversial Defence Against Extradition To US In Czech Constitutional Court

In an attempt to prevent his extradition to the United States, lawyers for Nikhil Gupta have requested the Czech court to determine whether he was an agent of the Indian secret service and if he had any choice but to follow orders to kill Pannun.

Gupta is currently detained in Prague for his alleged involvement in a plot to kill Khalistan separatist Gurpatwant Singh Pannun.

However, a Czech court rejected this argument, calling it "absurd" to suggest that a democracy like India would resort to such methods, according to a report by The Indian Express..

Gupta was detained by Czech authorities at the request of the US government shortly after arriving in Prague on 30 June last year.

Since then, his extradition case has been reviewed and decided by the Czech Municipal Court, High Court, and Constitutional Court.

On 22 May, the Constitutional Court, the highest court in the country, dismissed Gupta’s challenge to the decisions of the Municipal Court and the High Court in Prague, both of which ruled in favour of the US request for his extradition.

This decision clears the way for Gupta’s extradition, pending a final decision by the Ministry of Justice.

Court documents show that Gupta’s lawyers argued before the Prague High Court that their client was acting as a "soldier sui generis" in eliminating a terrorist who, according to the Indian government, poses a threat to India’s security similar to how Osama bin Laden threatened the United States.

The Prague High Court, in its 8 January order, dismissed this argument, stating that it was unnecessary to consider whether Gupta was obligated to comply with the alleged murder order due to potential connections to India’s secret services.

The court emphasised that it was unreasonable to suggest that a democratic state like India, which adheres to the rule of law and international treaties, would resolve its issues by murdering a citizen of another state, especially when it maintains normal relations and has a legal assistance agreement with that state.