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US Withholds Discovery Material from Nikhil Gupta in Pannun Case

Gupta’s attorney Jeff Chabrowe said in the motion that the “defence materials” are “relevant to its ability to defend the instant charges”….reports Asian Lite News

The US government has refused to provide “discovery material” after it was asked by a New York court to respond to a motion filed by lawyers of Indian national Nikhil Gupta, named in an alleged plot to assassinate Sikh radical Gurpatwant Singh Pannun.

Gupta’s lawyers, while also claiming that their 52-year-old client is facing human rights violations, had sought material, or evidence, relating to the charges against him in a ‘Motion to Compel Production of Discovery’ filed on January 4 in the US District Court, Southern District of New York.

Following this, in an order dated January 8, US District Judge Victor Marrero asked the government to file a reply to the motion within three days of the date of the order.

In a response filed with the district court on Wednesday, the US government, while objecting to provide the “materials”, said “the defendant is not entitled to discovery”.

“…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,” federal prosecutors said.

“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,” US Attorney Damian Williams said.

On January 4, defence counsel filed the motion requesting that “the Court enter an order directing the Government to begin providing defense counsel with discovery material”.

Gupta’s attorney Jeff Chabrowe said in the motion that the “defence materials” are “relevant to its ability to defend the instant charges”.

In response, the New York court had given the government three days to file a reply to the motion.

A motion to compel is a request made to the court to force a party to comply with a discovery request.

It is typically filed by the party seeking the information or evidence, and it asks the court to order the other party to comply with a discovery request that has not been fulfilled.

If the motion is granted, the court will typically order the other party to provide the requested information or documents within a specified timeframe.

In addition, the lawyers mentioned in the court documents that Gupta, who was arrested by Czech authorities on June 30, 2023, in response to a request by the US under an extradition treaty, is facing human rights violations while being in custody.

The motion stated citing Gupta’s family that they have “limited access” to him, he is not allowed consular access and “faces basic human rights violations in custody in Prague.

In November last year, US prosecutors announced murder-for-hire charges against Gupta for involvement in a foiled plot to assassinate a US citizen allegedly on behalf of an Indian government employee.

Gupta has been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison, US Attorney for the Southern District of New York, Matthew G. Olsen, had said.

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US Foils Plot to Assassinate Sikh Separatist, Warns India

The target of the plot was Gurpatwant Singh Pannun, an American and Canadian citizen who is the general counsel for Sikhs for Justice…reports Asian Lite News

US authorities have disrupted a plot to assassinate a Sikh separatist within the country and have issued a warning to India amid suspicions of its involvement in the conspiracy.

The target of the plot was Gurpatwant Singh Pannun, an American and Canadian citizen who is the general counsel for Sikhs for Justice (SFJ), a US-based group that is part of a movement pushing for an independent Sikh state called “Khalistan”, Financial Times reported.

People familiar with the case, who requested anonymity because of the sensitive nature of the intelligence that prompted the warning, did not say whether the protest to New Delhi led the plotters to abandon their plan, or whether the FBI intervened and foiled a scheme already in motion, Financial Times reported.

The US informed some allies about the plot following the murder of Hardeep Singh Nijjar, a Canadian Sikh separatist killed in Vancouver in June. In September, Canada’s Prime Minister Justin Trudeau had said there were “credible allegations” linking New Delhi to Nijjar’s fatal shooting.

One person familiar with the situation said the US protest was issued after Prime Minister Narendra Modi made a high-profile state visit to Washington in June. Separate from the diplomatic warning, US federal prosecutors have filed a sealed indictment against at least one alleged perpetrator of the plot in a New York district court, according to people familiar with the case, Financial Times reported.

The US justice department is debating whether to unseal the indictment and make the allegations public or wait until Canada finishes its investigation into Nijjar’s murder.

Further complicating the case, one person charged in the indictment is believed to have left the US, according to people familiar with the proceedings.

The US justice department and FBI declined to comment on the matter.

The National Security Council said the US does “not comment on ongoing law enforcement matters or private diplomatic discussions with our partners” but added: “Upholding the safety and security of US citizens is paramount,” Financial Times reported.

Washington shared details of the Pannun case with a wider group of allies after Trudeau went public with details of the Vancouver killing, the combination of which sparked concern among allies about a possible pattern of behaviour.

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India Seizes Khalistani Extremist Pannun’s Assets

India’s National Investigation Agency (NIA) have confiscated two properties of Pannun in Punjab’s Amritsar and Chandigarh

In a massive action and in a bid to tighten its noose around Canada-based ‘designated individual terrorist’ Gurpatwant Singh Pannun, the National Investigation Agency (NIA) on Saturday has confiscated his two properties.

“We have confiscated two properties of Pannun in Punjab’s Amritsar and Chandigarh,” an NIA official told IANS. 

The official said that the agency has confiscated properties of Pannun which include 46 Kanal of agricultural property in the ancestral village Khankot, located on the outskirts of Amritsar district.

(Photo: NIA India)

The official also said that it has also confiscated his residential property in Sector 15 area of Chandigarh.

The agency sleuths also put the hoarding outside the property of Pannun informing him about the anti-terror probe agency’s action.

In a statement the anti-terror probe agency confirmed that it has confiscated the house and land of the self-styled General Counsel of the outlawed Sikhs for Justice (SFJ) outfit in Amritsar (Punjab) and Chandigarh UT.

The properties attached include 1/4th share of House Number 2033, Sector 15/C, Chandigarh (U.T).

The agency said that these properties were earlier attached following orders passed by the government in two different cases.

“The properties have now been confiscated on the court’s orders under section 33(5) of the Unlawful Activities Prevention Act (UAPA), 1967, in a case it registered on April 5, 2020, under sections 120-B, 124-A, 153-A 153-B and 17, 18 and 19 of the Unlawful Activities (Prevention) Act, 1967.

A NIA spokesperson here said that the action against Pannun is a big boost to the country’s crackdown on the terror and secessionist network being operated from various countries, including Canada, followed confiscation orders passed by the NIA Special Court, SAS Nagar, Mohali.

The official said that Pannu has been on NIA’s scanner since 2019, when the anti-terror agency had registered its first case against the terrorist, who has been playing a major role in promoting and commissioning terror acts and activities, and spreading fear and terror in Punjab and elsewhere in the country through his threats and intimidation tactics.

The non-bailable warrants of arrest were issued against Pannu by the NIA Special Court on February 3, 2021 and he was declared a ‘Proclaimed Offender (PO)’ on November 29 last year.

“NIA investigations have revealed that Pannun’s organisation, Sikhs for Justice, was misusing the cyberspace to radicalise gullible youth and to instigate them to undertake terrorist crimes and activities,” the spokesperson said.

Gurpatwant Singh Pannun

It further emerged during the NIA probe that Pannu was the “main handler and controller of the SFJ”.

The SFJ was declared as an ‘Unlawful Association’ by the Government of India, vide notification on July 10, 2019.

 Pannun, who was declared a ‘designated individual terrorist’ by the Government of India on July 1, 2020, has been actively exhorting Punjab-based gangsters and youth over the social media to fight for the cause of independent state of Khalistan, challenging the sovereignty, integrity and security of the country, NIA probe have shown.

The official said that in recent days, Pannun has been in the news for issuing blatant threats to senior Indian diplomats and government functionaries in public forums.

“He had also threatened Canadian Hindus a few days, asking them to leave Canada and claiming that they had adopted a ‘jingoistic approach’ by siding with India,” the NIA statement read.

The case was originally registered as FIR no. 152 on October 19, 2018 under several sections of the IPC at Sultanwind Police Station in Amritsar (City) and later transferred to the NIA.

The NIA has chargesheeted a total of 10 accused, including Pannu in the case.

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India News

Govt working on fresh strategies to nab Gurpatwant Pannun

The NIA, along with five other agencies, have been given the responsibility to do the needful in this regard…reports Asian Lite News

The Home Ministry has started working on new strategies to tighten the noose around the banned organisation Sikh For Justice (SFJ) and its Canada-based founder Gurpatwant Singh Pannun, sources said on Tuesday.

In July 2020, the Central government had declared Pannun a “terrorist” under the Unlawful Activities (Prevention) Act.

Over 22 cases have been registered against him in different states, including Punjab. Several cases of those 22 cases have been transferred to the National Investigation Agency (NIA).

According to sources, after the Interpol last month denied to issue a Red Corner Notice (RCN) against Pannun, which was sought by the government, a dossier of his offences and crimes is being prepared in a revised manner.

The NIA, along with five other agencies, have been given the responsibility to do the needful in this regard.

Following the denial on the issuance of RCN, a meeting was recently held in the Home Ministry in which the NIA was tasked with preparing the dossier in coordination with other agencies.

The NIA has been instructed to file a fresh FIR and strengthen all the legal modalities involved in the case.

Sources said that NIA has been asked to work in close coordination with the Intelligence Bureau (IB), Enforcement Directorate (ED), Research and Analysis Wing (R&AW), Special Cell of Delhi Police and the police departments of some states where SFJ is trying to mark its presence.

The Home Ministry has instructed all the agencies to share the information in their possession on Pannun and the ‘Khalistan Movement’.

The central agencies have reportedly received inputs that apart from Punjab, Pannun is trying to make inroads in states like Haryana, Uttar Pradesh, Uttarakhand, Delhi and Himachal Pradesh.

Keeping this in mind, the state police departments have also been told to share information on Pannun.

Through “special operations”, the investigating agencies are also engaged in countering Pannun’s attempts such as initiatives to call for a referendum on Khalistan, creating disturbances with the assistance of Pakistan’s ISI, and provoking the youth and farmers, among others.

The security agencies are also working on strategies to end the anti-national activities backed by the Khalistani body, which are taking place in Punjab and its bordering states.

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