U.S. prosecutors based in Manhattan are set to present new evidence in an upcoming trial that will shed light on the 2023 murder of Hardeep Singh Nijjar in British Columbia and the alleged involvement of the Indian government in orchestrating the assassination. The evidence will be part of the trial of Nikhil (Nick) Gupta, who is accused of orchestrating a murder-for-hire scheme targeting Sikh activist Gurpatwant Singh Pannun.
If the evidence is accepted, it may create a diplomatic challenge for India as efforts are underway to normalize diplomatic and trade relations between Ottawa and New Delhi. Gupta stands accused of collaborating with an officer from India’s spy agency, the Research and Analysis Wing (R&AW), named Vikash Yadav. The duo allegedly conspired to assassinate Pannun, the founder of Sikhs For Justice and a proponent of an independent Sikh homeland, along with at least three other individuals, including Nijjar.
Gupta, aged 53, was apprehended in Czechia and extradited to the U.S. in June 2024. While India deems Pannun a terrorist, both the U.S. and Canada, where Pannun holds citizenship, do not share the same view. Pannun, who advocates for peaceful referendums in the Sikh community globally, resides under U.S. government protection due to credible threats to his life. He alleges that the U.S. government possesses substantial evidence indicating official Indian involvement in the plot to eliminate his deputy in Surrey, B.C.
Gupta has entered a plea of not guilty, and the allegations against him remain unproven in court. A trial date has yet to be scheduled. Negotiations between the Biden administration and the Modi government in October 2024 resulted in an agreement that Yadav would no longer be associated with the Indian government to prevent strains in U.S.-Indian relations.
By portraying Yadav as a lone actor, India avoided implicating higher-ranking officials in the plot. However, Canadian investigators claim that the conspiracy reached the upper echelons of the Indian government. The court filing also implicates Gupta in targeting a third individual in Nepal or Pakistan, drawing parallels to the plot against Pannun.
Substantial evidence, including an unreleased video of the Nijjar killing, has been presented by U.S. Attorney Jay Clayton, who argues for its relevance in the case. The video reportedly shows Nijjar’s body post-assassination, implicating Yadav and Gupta in the chain of events. Transcripts of conversations between Gupta and undercover agents further highlight the alleged criminal activities, including discussions on arms smuggling and narcotics trafficking.
The court filing additionally outlines WhatsApp exchanges between Gupta and Yadav, suggesting a collusion to supply weapons post-attack. The U.S. government seeks to demonstrate Indian government involvement in the killings and their perceived threat from Sikh separatists through expert testimony. Professor Nitasha Kaul is set to testify on the Government of India’s stance on Pannun and Nijjar’s organization, portraying them as an existential threat, potentially straining relations between the U.S. and India.