Supreme Court asked the petitioners to approach the court in the Czech Republic. "You have to go before the court which is outside India. Go over there.
We are not going to have an adjudication over here. The person detained has not given the affidavit. If there is violation of any law etc you have to go to court over there," a bench of Justices Sanjiv Khanna and SV Bhatti observed as per Bar and Bench.
The petitioner, who identified himself as a family member of Nikhil Gupta submitted that it was the second time when Gupta came in the crossfire between the US and Czech Republic. The plea also claimed that Nikhil Gupta's arrest was marked by irregularities. “The circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities," the plea by Nikhil Gupta's family member said.
"Then these individuals who claimed to be law enforcement officers forcefully made the petitioner sit in an unidentified black SUV. It may be noted that the black SUV already had two individuals hiding inside. The individuals took the petitioner’s mobile phone forcefully from the petitioner and attached a device to it as they continued to question the petitioner.
Furthermore, the petitioner submits that the self-introduced American agents even forcefully made the Petitioner open/ unlock his phone using the face ID feature (on the iPhone). They also took pictures of the petitioner. After much resistance from the petitioner, the individuals who had apprehended the petitioner identified themselves to be American agents," the plea added.
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