US judge denies request by Nikhil Gupta for defence materials in Pannun case
New York (PTI): A US judge has denied a request for defence materials by Indian national Nikhil Gupta, charged by federal prosecutors in a murder-for-hire plot to kill a Khalistani separatist on American soil.
United States District Judge Victor Marrero, in an order Thursday, denied a motion filed by Gupta's attorney seeking discovery material in the case.
Gupta, 52, 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, who holds dual US and Canadian citizenships, on American soil.
Gupta was arrested in Prague, the Czech Republic on June 30, 2023 and is being held there currently. The US government is seeking his extradition to America.
In his order, Marrero said that the Court is persuaded by the government's argument that Gupta has no right to discovery at this time.
He cited Federal Rule of Criminal Procedure 16.1, which provides that no later than 14 days after the arraignment, "the attorney for the government and the defendant's attorney must confer and try to agree on a timetable and procedures for pretrial disclosure under Rule 16."
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.
Gupta's counsel in New York Jeff Chabrowe had 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 government respectfully submits this letter in opposition to defendant Nikhil Gupta's motion to compel discovery during the pendency of his extradition proceedings in the Czech Republic," federal prosecutors had said in their response filed Wednesday.
They 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.
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Nothing wrong in MLAs aspiring for ministerial position: K'taka HM Parameshwara
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Bengaluru (PTI): Amid a group of ruling Congress MLAs camping in Delhi with a cabinet rejig demand for their inclusion, Karnataka Home Minister G Parameshwara on Monday said there was nothing wrong in legislators aspiring for ministerial positions.
He asserted that experienced MLAs were capable of handling such responsibilities.
His remarks came a day after senior and first-time MLAs stepped up lobbying efforts in the national capital with the party high command, seeking a cabinet reshuffle and greater representation.
"There is nothing wrong in them asking for it (ministerial position)," Parameshwara, a senior Congress leader, said
He added that the MLAs, some of who have been elected thrice, are capable to take up the ministerial positions.
He maintained that the final call on any cabinet reshuffle rests with the party high command.
"Our Chief Minister (Siddaramaiah), the high command, and our party (state) president (DK Shivakumar) decide about reshuffle. These three sit together and take a decision," he said.
The minister also indicated that the established procedure for cabinet formation was likely being followed.
"Earlier too, when I was the (state Congress) president, during cabinet formation, the Pradesh Congress Committee president, the Congress Legislative Party (CLP) leader, and our in-charge general secretaries would take decisions that would then be presented before our AICC president, approval would be obtained, and then it would be announced," he said.
He added that even today the same procedure is followed.
Responding to questions on whether senior ministers would make way for newcomers, Parameshwara said they would abide by the party's decision.
"If the high command decides then we have to accept it. There is no question of not accepting it," he said.
Stressing on party discipline, he added, "Whether it is me, Transport Minister Ramalinga Reddy, or Energy Minister K J George, we all are seniors. If they (high command) decide that we should be replaced and make changes, then there is no question of us opposing it."
Clarifying that discussions were limited to a possible cabinet reshuffle, he said decisions on leadership matters were entirely in the hands of the high command.
He said the discussions were limited only to the Cabinet rejig and not changing the party state president, a post being held by Deputy Chief Minister Shivakumar for the past six years.
"Right now we are discussing cabinet reshuffle, not about the party president. All such matters are left to the high command," he said.
Recalling his own appointment as state Congress president in the past, Parameshwara said he had not lobbied for the post. "When I was made president, I did not lobby for it. Our leader Sonia Gandhi took the decision. It came as a surprise to me. I had not asked for it," he said.
On Sunday, several senior MLAs travelled to Delhi to press for a cabinet reshuffle, while first-time legislators renewed their demand for representation, seeking at least five berths in the Siddaramaiah-led ministry.
The push for a rejig comes amid internal rumblings within the ruling party and speculation over leadership issues, even as the high command is yet to take a final call.
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