NEW YORK (Diya TV) — A U.S. federal judge has denied Indian national Nikhil Gupta’s request to obtain communications and documents exchanged between the U.S. Drug Enforcement Administration (DEA) and Czech authorities regarding his arrest in Prague, reinforcing the boundaries of prosecutorial discovery.
Gupta, facing murder-for-hire charges in New York for allegedly plotting to kill Gurpatwant Singh Pannun, who is deemed a terrorist by India, sought access to crucial materials via communication records between DEA attachés in Prague and U.S. prosecutors. He argued that these DEA officials were effectively part of the prosecution’s legal team and thus their files should fall under mandatory discovery.
However, Judge Victor Marrero of the Southern District of New York rejected the motion, concluding that:
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The DEA attachés in Prague—Kyle Brannon and Jose Catalano—played logistical roles only, such as coordinating Gupta’s arrest, facilitating extradition, and transferring his seized phones.
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They did not participate in strategic decisions, investigative planning, the grand jury process, or witness interviews—roles that would qualify them as extensions of the prosecution team.
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Therefore, under existing legal precedent, their communication records are not burdened by discovery obligations. Gupta’s motion to compel these materials was denied.
Gupta was extradited from the Czech Republic to the U.S. in June 2024 on charges connected to a murder-for-hire plot aimed at Pannun. The alleged conspiracy was reportedly coordinated with an Indian government employee. Gupta pleaded not guilty and is scheduled to stand trial in November 2025. Pre-trial suppression motions, including challenges to incriminating statements and the money laundering charge, are currently underway.
