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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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
