A US judge has rejected the plea for defense materials by Nikhil Gupta, an Indian national facing federal charges in connection with an alleged murder-for-hire plot targeting a Khalistani separatist on US soil.
The denial came from United States District Judge Victor Marrero in a recent order, where he dismissed a motion filed by Gupta's lawyer seeking discovery material in the case.
Gupta, aged 52, was indicted by federal prosecutors last November for his alleged involvement in a thwarted plan to assassinate Gurpatwant Singh Pannun, a Khalistani separatist with dual US and Canadian citizenship, on American territory. Gupta was apprehended in Prague, Czech Republic, on June 30, 2023, and is presently in custody there, with the US government pursuing his extradition.
Judge Marrero, in his order, sided with the government's argument that Gupta is not entitled to discovery at this stage. He referenced Federal Rule of Criminal Procedure 16.1, highlighting that Gupta, who has not been arraigned in the case yet, has failed to demonstrate any right to discovery before this procedural step.
Marrero emphasized that the government has committed to promptly provide discovery upon Gupta's appearance and arraignment in the US, as per the federal rules. Given this assurance, the judge concluded that Gupta's motion for discovery is denied.
The motion to compel discovery was filed by Gupta's counsel, Jeff Chabrowe, on January 4 in the US District Court, Southern District of New York. The US government countered this motion, stating in their response that they are ready to furnish discovery upon Gupta's presence in the US and arraignment on the charges. They argued that, before these events occur, Gupta has no entitlement to discovery, and he has not presented any compelling reasons for the court to order it.
US Attorney Damian Williams, in the government's response, asserted that Gupta has not established any legal basis for immediate discovery. Williams affirmed the government's readiness to provide discovery promptly upon Gupta's appearance and arraignment, recommending the denial of Gupta's motion to compel discovery.
(With Agency Inputs)
