Indian national Nikhil Gupta, facing federal charges in a murder-for-hire plot targeting a Khalistani separatist on US soil, had his request for defence materials denied by a US court on Thursday. District Judge Victor Marrero rejected Gupta’s attorney’s motion for discovery material in the case, news agency PTI reported.
The 52-year-old was charged by federal prosecutors here in an indictment unsealed in November last year with working with an Indian government employee in the foiled plot to kill Khalistani separatist Gurpatwant Singh Pannun on American soil. Gupta was arrested in the Czech capital of Prague in June last year and is being held there currently. The US government has sought his extradition.
In his order, the US judge said that the Court is persuaded by the government’s argument that Gupta has no right to discovery at this time. Marrero said in his order that Gupta has failed to identify any authority suggesting that a defendant has a right to discovery before arraignment. Gupta has not yet been arraigned in this case, and the government is currently seeking Gupta’s extradition from the Czech Republic to the United States, Marrero said. He added that the government has assured the Court that it is prepared to produce discovery promptly upon the defendant’s appearance in this District and arraignment on this case. Accordingly, Gupta’s motion is denied, Marrero’s order said.
This comes after Gupta’s counsel in New York Jeff Chabrowe filed a Motion to Compel Production of Discovery’ on January 4 in the US District Court, Southern District of New York requesting the Court to direct federal prosecutors to provide the defence materials relevant to its ability to defend the instant charges. In its response, the US government objected to providing the defence materials and said it would provide the information only upon Gupta’s appearance in a New York court and his arraignment in the case.
The federal prosecutors said that consistent with federal rules of criminal procedure, the government is prepared to produce discovery promptly upon the defendant’s appearance in this District and arraignment on this case. Before then, however, the defendant is not entitled to discovery, and he identifies no good reason for the Court to order it.
In the government’s response, US Attorney Damian Williams said that Gupta has identified no legal entitlement or justification for discovery at this time. “The government stands ready to provide discovery to him, like any other criminal defendant, promptly upon his appearance and arraignment in this District. His motion to compel discovery should be denied,” Williams had said.
(With agency inputs)
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