Media Explains: US Charge Over Plot To Kill Terrorist, India’s Reaction

US prosecutors are expected to seek extradition of Vikash Yadav, the former Indian intelligence officer allegedly linked to the conspiracy to kill Gurpatwant Pannun.

The United States this week named Vikash Yadav, also known as Vikas Yadav, a former Indian intelligence officer once associated with the Research and Analysis Wing, or R&AW – as the shadowy central figure in a failed plot to kill Gurpatwant Pannun, a Khalistani terrorist and founder of the banned Sikhs For Justice.

Pannun is a resident of New York and holds dual American and Canadian citizenship.

Vikash Yadav, 39, – known so far only as ‘CC-1’ in the indictment filed in a New York court – is in India at this time, but US officials are expected to pursue his extradition in connection with an alleged murder-for-hire conspiracy involving a second Indian citizen – Nikhil Gupta.

Gupta, 53, was extradited from Czechia to the US in June.

Yadav and Gupta face charges of murder-for-hire, conspiracy to commit murder-for-hire, and conspiracy to commit money laundering, and could be jailed for 40 years if convicted.

India has confirmed Yadav is an ex-employee of its premier spy agency.

The third member of this alleged conspiracy was the ‘hitman’ – allegedly contacted by Gupta on instructions from Yadav – who turned out to be an undercover American federal agent.

Gurpatwant Pannun Murder Plot Latest

Yadav’s identity was made public Thursday after the US Justice Department unsealed a second indictment – the first named Gupta – in the Pannun murder-for-hire plot.

Vikas Yadav remains “at large”, the Justice Department said, accusing the two men of “conspiring to assassinate an American citizen of Indian origin on US soil”.

India has said Yadav – who also claims to have served in the Central Reserve Police Force – is no longer a government employee, after which State Department Spokesperson Matthew Miller told reporters the prosecutors are “satisfied” with New Delhi’s cooperation.

Vikash Yadav, Gurpatwant Pannun Murder-For-Hire Conspirator

US prosecutors believe Yadav recruited Gupta in May last year.

According to the unsealed indictment Vikas Yadav – “during times relevant (to these charges)” – was, in fact, was “employed by the Government of India’s Cabinet Secretariat, which houses Indian’s foreign intelligence service (i.e., RAW)”.

The indictment has Yadav describing his position as a “senior field officer” responsible for “security management” and “intelligence”. Apart from claiming to have served in the CRPF – which Delhi has not confirmed – Yadav also claimed to have been trained in “battle craft”.

The document also includes a photograph of Mr Yadav in military attire.

It also includes a photo two people exchanging money – American dollars – in a car. The photo was reportedly taken in New York and shows, prosecutors claim, money being paid to the ‘hitman’ by an as yet unknown man acting on behalf of Nikhil Gupta and Vikash Yadav.

Gurpatwant Pannun Murder Conspiracy Details

The prosecution claims possession of communications between Vikas Yadav and Nikhil Gupta, in which the former demands the latter plan and execute the killing of Gurpatwant Pannun. In return, Gupta was told criminal charges against him, filed in a Gujarat court, would be dropped.

As part of this murder-for-hire conspiracy the prosecution also claims Yadav and Gupta contacted the ‘hitman’ – the undercover federal agent – to carry out the hit for $100,000.

An advance of $15,000 was paid in June last year, days before Prime Minister Narendra Modi’s visit to the United States and shortly before another Khalistani terrorist, Hardeep Singh Nijjar, 45, was shot dead outside a gurdwara in Canada’s Vancouver.

Nijjar’s killing is the subject of a Canadian federal investigation and became the source of a bitter diplomatic row between Ottawa and New Delhi after Canada Prime Minister Justin Trudeau’s comment about “agents of the Indian government” being involved in the murder.

India denounced the claim – coming as Mr Trudeau’s popularity tanks before a general election – as “absurd”, “preposterous”, and “malicious”, and claimed vindication this week after the Canadian leader admitted he had no hard evidence to back his claim.

Gurpatwant Pannun Murder-For-Hire Plot

The attempted killing was to take place in June.

US officials believe Yadav provided Gupta with details about Pannun, including his New York address and daily schedule. This was passed on to the ‘hitman’.

However, Gupta told the ‘hitman’ to not act during or immediately after Mr Modi’s visit.

According to the indictment, the plan changed after Nijjar was shot dead on June 18 – two days before Prime Minister Modi’s visit. The following day Gupta allegedly told the ‘hitman’ not to wait; US officials claim he said “Nijjar was also a target… we have so many…:

On June 20 he reportedly told the ‘hitman’ “it is a priority now”.

The Nikhil Gupta Case

The storm broke in November last year after the US charged Gupta and Yadav; the latter was then referred to only as CC-1 amid uncertainty over links to the Indian government.

Gupta – in US custody now – claimed involvement with an international drug syndicate and weapons trafficking in his communications with Yadav, according to the indictment.

He was in Czechia at the time and was detained by authorities there till his extradition this year. While in Czech custody Gupta moved the Supreme Court in India – via a family member identified only as Mr X.

He claimed multiple violations of fundamental rights, including threats to himself and his family, and requested the Indian government to intervene.

The Supreme Court said the matter did not lie in its jurisdiction and directed Gupta to seek relief from courts in Prague, but also told the External Affairs Ministry to do what it could.

The court noted it could only intervene to ensure consular access and that this had already been supplied, according to the petitioner’s own statement.

At present Gupta is being held at a detention centre in Brooklyn in New York.

Gupta’s lawyers have argued he was caught in ‘crossfire’ between the two governments.

Indian Government On Pannun Murder Plot

As soon as charges were filed India responded, firmly distancing itself from any murder-for-hire bid to kill an American citizen on foreign soil. The External Affairs Ministry said Delhi “takes such inputs seriously… and relevant departments are already examining the issue”.

In December Mr Modi made his first public statement, asserting that though the allegations were serious “a few incidents” could not derail ties between the two countries.

“If someone gives us any information, we will definitely look into it,” the Prime Minister told the Financial Times, “If a citizen of ours has done anything, good or bad, we are ready to look into it. Our commitment is to the rule of law.”

Pannun Civil Suit Summons

The Indian government has, however, reacted strongly to a ‘summons’ by a US court in connection with a civil suit filed by Pannun, in which he claims a plot to kill him.

Apart from Yadav, Gupta, and the Government of India, the US District Court for the Southern District of New York also named National Security Advisor Ajit Doval and former RAW chief Samant Goel. This was in September. A reply was sought within 21 days.

India slammed the ‘summons’ as “completely unwarranted”.