US: Gupta can’t get discovery material in Czech Republic | India Newsworld news
NEW YORK: The US government has objected to providing defence materials to Indian national Nikhil Gupta, detained in a Czech prison on murder-for-hire charges in a foiled assassination attempt on a Khalistani extremist, saying it will provide the information only upon his appearance in a New York court and arraignment in the case.
Gupta, 52, was charged by prosecutors 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, who holds dual US and Canadian citizenships, on American soil.
Gupta was arrested in Prague on June 30, 2023 and is being held there currently. US government is seeking his extradition to America.
Gupta’s attorney filed a ‘Motion to Compel Production of Discovery’ on January 4 in US district court, southern district of New York requesting the court to direct prosecutors to provide “the defence materials relevant to defend the instant charges.”
US district Judge Victor Marrero had on January 8 given the government three days’ time to respond to the motion filed by Gupta’s attorney. The government, in its reply filed with the district court on Wednesday, said Gupta’s motion asking for discovery material should be denied. “The government respectfully submits this letter in opposition to defendant Nikhil Gupta’s motion to compel discovery during the pendency of his extradition proceedings in Czech Republic,” federal prosecutors said.
They said that consistent with federal rules of criminal procedure, “government is prepared to produce discovery 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, upon his appearance and arraignment in this district. His motion to compel discovery should be denied,” he said.
Gupta’s counsel in New York Jeff Chabrowe said in his motion that the attorney representing Gupta in Prague in his extradition proceedings states that “no evidence or documentation has been given to him other than the US indictment itself.”
Gupta, 52, was charged by prosecutors 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, who holds dual US and Canadian citizenships, on American soil.
Gupta was arrested in Prague on June 30, 2023 and is being held there currently. US government is seeking his extradition to America.
Gupta’s attorney filed a ‘Motion to Compel Production of Discovery’ on January 4 in US district court, southern district of New York requesting the court to direct prosecutors to provide “the defence materials relevant to defend the instant charges.”
US district Judge Victor Marrero had on January 8 given the government three days’ time to respond to the motion filed by Gupta’s attorney. The government, in its reply filed with the district court on Wednesday, said Gupta’s motion asking for discovery material should be denied. “The government respectfully submits this letter in opposition to defendant Nikhil Gupta’s motion to compel discovery during the pendency of his extradition proceedings in Czech Republic,” federal prosecutors said.
They said that consistent with federal rules of criminal procedure, “government is prepared to produce discovery 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, upon his appearance and arraignment in this district. His motion to compel discovery should be denied,” he said.
Gupta’s counsel in New York Jeff Chabrowe said in his motion that the attorney representing Gupta in Prague in his extradition proceedings states that “no evidence or documentation has been given to him other than the US indictment itself.”