As Nikhil Gupta, an Indian national who expressed regret for a murder attempt on a Sikh separatist leader, is concerned, US prosecutors have urged the judge there to sentence him to 24 years (293 months). His lawyers, however, have pushed for a substantially shorter term of 144 months, or roughly 12 years. The New York court will announce the sentence on November 20, give short headlines
The sentencing request comes ahead of Gupta’s scheduled appearance before the US District Court for the Southern District of New York on November 20. In a sentencing memorandum filed on November 13, prosecutors described Gupta’s alleged conduct as “brutal” and “brazen”, arguing that a severe sentence was necessary to deter foreign plots targeting US citizens.
Gupta pleaded guilty in February to charges of murder-for-hire, conspiracy to commit murder-for-hire and conspiracy to commit money laundering. His lawyers, however, have sought a substantially lighter sentence of 144 months, or 12 years, backing the recommendation of the court’s Probation Department.
The defence argued that Gupta had no previous criminal record and had acted under coercion from alleged Indian intelligence official Vikash Yadav. They claimed Yadav had threatened him with a fabricated criminal case in India.
In a letter to US District Judge Victor Marrero, the 55-year-old Gupta expressed remorse and attributed his actions to severe alcoholism in early 2023. “I wish I could turn back time to 2023 and undo my mistakes. Now, when I look back, I don’t even recognise the man I had become. In early 2023, even though my life looked just fine from the outside, I was a mess. I was not me”, Gupta said. He attributed his impaired judgment to his heavy drinking and personal judgment. He also said that he experienced severe suicidal thoughts during the initial days of his custody.
Gupta had pleaded guilty to murder for hire conspiracy and murder for hire and money laundering charges in February. According to the letter, Gupta eventually turned to meditation, yoga, and spiritual books to cope with the circumstances and find some peace. “The most serious challenge in front of me at that time was to contact my family and to let them know that I was alive and to make them aware of the situation, but I could not do so for several weeks due to many restrictions on me as an American law offender...,” he wrote.
He also said that he would accept any decision the court takes. US prosecutors rejected the arguments for a lighter sentence.
Prosecutors rejected the defence’s argument, calling his claim that intoxication influenced his actions an “absurd” one. They said Gupta had worked deliberately across time zones for weeks to execute the alleged plot and was motivated by the promise of profits from weapons and drug trafficking.
Pannun, who was designated an individual terrorist by India, has submitted a victim impact statement seeking the maximum sentence. He said he had lived under heavy security for 1,200 days following the alleged assassination plot.
India has denied any involvement of the government in the conspiracy. A high-level inquiry committee set up by New Delhi had recommended legal action against an individual linked to the case. Gupta is scheduled to be sentenced on November 20.