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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India progressing under PM Modi, Karnataka heading towards decline: Union Minister Kumaraswamy
Bengaluru (PTI): Union Minister H D Kumaraswamy has said while India is moving steadily towards becoming the world’s third-largest economic power under Prime Minister Narendra Modi's leadership, Karnataka is heading in the opposite direction under the Congress government.
Speaking at a programme to mark the 101st birth anniversary of former Prime Minister Atal Bihari Vajpayee, along with the Atal Award presentation and Good Governance Day celebrations, the JD(S) leader said Karnataka was once a model state for governance and development.
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“Karnataka was once synonymous with exemplary governance. It had adopted an outstanding development model and emerged as a leader for the entire nation. But under the Congress government’s administration, all these distinctions have been lost, and the State is now moving in the opposite direction,” Kumaraswamy said.
He alleged that the current dispensation has completely damaged the education sector, noting that Karnataka was once a frontrunner in education.
“Karnataka, which once ranked first in good governance, has reached such a state today. Frivolous politics is being played in a good State. Administration across all departments; including health, education, agriculture and revenue has deteriorated. People must now seriously introspect,” he said.
Asserting that the era of good governance must return, Kumaraswamy said people are fed up with the misgovernance of this government.
Bengaluru, once the IT-BT capital and a hub of education and technology, has seen its infrastructure completely deteriorate, he said.
"The state government lacks the mindset to accept even well-intentioned and expert advice. It has developed a culture of speaking irresponsibly even about Prime Minister Narendra Modi and Union Home Minister Amit Shah.”
Noting that the state has all the potential and capacity to move forward, the union minister said, “At a time when India is stepping forward to become the world’s third-largest economic power under Modi government, one wonders in which direction Karnataka is heading? It is moving backwards and sliding into decline.”
Remembering Vajpayee as “Ajatashatru”, a leader without enemies who rendered long and distinguished service to the nation, Kumaraswamy said leaders like Vajpayee are rare today.
“His contributions as External Affairs Minister, Leader of the Opposition and Prime Minister were immense. He was a visionary leader who took the BJP from just two seats to 170 seats in Parliament,” he added.
Expressing concern over growing unrest, he said, “Karnataka must once again become a garden of peace for all communities. There is unrest in society. When one looks at what is happening within families, it causes anxiety. While technology is advancing and economic strength is increasing, there is fear even in turning on the television in the morning. There is no peace of mind for anyone. It is for this reason that I have advocated teaching the Bhagavad Gita at the school level. Unfortunately, politics is being unnecessarily mixed into this issue."
