Nikhil Gupta, accused of trying to arrange to have him assassinated by a hitman to target Khalistani leader Gurpatwant Singh Pannun, pleaded not guilty and demanded a Hindi-speaking lawyer because he only speaks a little bit of English.
Gupta made his first appearance in federal court Friday. As part of the plea proceeding, through his attorney, Gupta also sought the return of a prayer book, which he said was taken from him following his arrest in the Czech Republic.
Court Procedure The procedure culminated with the judge setting January 17 as the date of court. Gupta's lawyer, Jeffrey Chabrowe, wished for a few more days to sift through the evidence, which the prosecution had marshaled.
When he finished the ceremony, the judge instructed him to plead to the counts upon which he pleaded not guilty. That meant the case would be tried at a full trial.
Gupta has conspiracy to hire a hitman, participation in a "murder-for-hire" plot, and money laundering.
During his first appearance in court in June, Gupta, who was extradited from the Czech Republic at the behest of US authorities, proclaimed his innocence.
On Thursday, a superseding indictment was filed that included Vishal Yadav, who had resigned from his post in the Research and Analysis Wing (RAW), as one of the two co-defendants with Gupta. Arraignment Gupta was thus scheduled to be arraigned for a second time when he pleaded not guilty once again. Just like with the arraignment, rights must be read before the defendant and the charges. The defendant must also solemnify his plea.
At one stage, the court found the proceedings baffling when Gupta pleaded not guilty thrice while clarifying whether he read the indictment. His lawyer told the court that he had read the document to Gupta, but Gupta interjected to clarify that he personally had not read it. Irked by the development, Judge Marrero proposed recess so that Gupta read the indictment himself and ruled accordingly. The Judge's offer was not to be, however. After a quiet discussion with his attorney, Gupta indicated that he would go on with his conviction.
Though Yadav is also accused in the case, he is not present in the U.S. and was not present before the court. His role as a co-accused was also laid out in the supplementary charges, which alleged that Yadav, who was serving as an assistant commandant with the Central Reserve Police Force and had been associated with RAW, instructed Gupta to call a contract killer to kill Pannun.
Apparently, Gupta had approached someone whom he believed was a criminal but turned out to be an informant of the government. He then led Gupta into the arms of an undercover federal agent posing as a hitman. The plot went sour when Gupta ordered the agent to carry out the attack and paid him advance money of $15,000.
The attorney for Gupta further requested that he be permitted to access the Metropolitan Detention Center's (MDC) Brooklyn law library. Chabrowe said that Gupta's review of voluminous evidence supplied by the prosecution in compliance with U.S. legal procedures was being obstructed by repeated lockdowns at the facility.
Federal Prosecutor Alexander Li, who acted for the prosecution party, agreed to be allowed to give Gupta access to the library, and Judge Marrero assured that if access continues to be a problem, the matter can be brought into court.
The MDC, where Gupta is being held, has a reputation for difficult conditions: two murders in June and July. Among the celebrities currently serving their time there are sex trafficking defendant rapper Sean "Diddy" Combs and Sam Bankman-Fried, who's accused of big-scale cryptocurrency fraud. Another famous detainee is the disgraced financier Jeffrey Epstein, who died in what was ruled as suicide while serving his time awaiting trial on sex trafficking charges.
The issue of language ability had arisen twice in the hearing - and it arose in Gupta's testimony himself. Gupta informed the court that he didn't speak even good English and did not have his glasses to read the indictment himself. He further said, "My English is not good," and so requested a Hindi-speaking lawyer in addition to Chabrowe.
Personal belongings were another issue that had come up for discussion. He had requested a prayer book, which had been taken. But Li said that no prayer book could be found within Gupta's magazines, the novel "The Optimist," and scraps of paper. The things were passed on to a "privilege team" to make certain that any exchanges with his attorney would stay confidential from the prosecution. Li offered Chabrowe to look at the items to confirm if the prayer book was included. Chabrowe further suggested that an inquiry with the Czech authorities over the book be made and asked for a replacement in the meantime on grounds of Gupta's religious rights.
Sometime, Gupta told the court that he had written to the court but was unsure if it had actually reached. Judge Marrero told him to make known through his counsel all the letters he wanted to communicate so they would then be recorded by the official court records.
Chabrowe requested 45 more days of time to deliberate upon the evidence transcripts volumes and prepare for the trial. Both parties were ready for this, and on January 17th the date was decided for hearing.
In a tan shirt and pants, Gupta was escorted into the courtroom by U.S. Marshals, who then removed his restraints before the hearing. Gupta briefly spoke with his lawyer and made a few remarks to the prosecutors while waiting for the judge.
Meanwhile, across the hall in another courtroom, a slightly younger Indian-American man, Judge Arun Subramanian, sat to preside over another case. Around 20 Sikhs came to listen in on Gupta's hearing, joined outside the courthouse by a protest featuring Khalistani flags.
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