On Wednesday, federal prosecutors expect to file a new indictment against an Indian national charged in June with paying a hit man to kill the Sikh separatist, who is both a U.S. and Canadian citizen, according to people familiar with the matter.
The charges against Nikhil Gupta, which will be lodged by federal prosecutors in Manhattan, relate to a murder-for-hire plot targeting Gurpatwant Singh Pannun, general counsel for the New York-based Sikhs for Justice, a group calling for the creation of an independent Sikh state called Khalistan within India. Gupta allegedly conspired with a number of people, at least one of whom is believed to be an official in India, they said.
The scheme was foiled in June by the Drug Enforcement Administration, shortly after a Sikh separatist in Canada was assassinated. Canadian Prime Minister Justin Trudeau in September made a bombshell announcement that there were “credible allegations” that New Delhi was behind the killing. U.S. law enforcement is working closely with counterparts in Canada on both matters, officials said.
The charges against Gupta, who is not in the United States, will build on a bare-bones indictment filed in mid-June and unsealed in July, which alleged that Gupta coordinated a $15,000 advance payment to a purported hit man’s associate, according to the people familiar with the matter. That document gives no indication of who the intended victim was; additional details will be contained in what is known as a superseding indictment.
The Justice Department declined to comment. The Indian Foreign Ministry did not respond to a request for comment. The thwarting of the assassination attempt and existence of an indictment was first reported by the Financial Times.
The administration learned of the foiled plot in late July triggering a concerted effort to raise the matter with senior Indian government officials. In early August, national security adviser Jake Sullivan brought his concerns to his counterpart, Ajit Doval, in person during a meeting in another country in the region.
“He underscored that India needed to investigate [the plot] and hold those responsible, accountable, and that the United States needed an assurance that this would not happen again,” said a senior administration official.
Within a week of Sullivan’s meeting, Burns flew to India to deliver the same message to his counterpart, Ravi Sinha. President Biden himself, in a meeting with Prime Minister Narendra Modi at the G-20 summit in September, stressed the seriousness of the issue “and the potential repercussions for the bilateral relationship were similar threats to persist,” the official said.
Secretary of State Antony Blinken and Sullivan raised the issue again when Minister of External Affairs S. Jaishankar visited Washington in September after attending the U.N. General Assembly. And in October, Haines went to India to share information about the plot with the government to aid its probe, officials said.
“Indian counterparts expressed surprise and concern,” when confronted by the allegations, National Security Council spokeswoman Adrienne Watson said last week, when the news of the foiled plan broke. “They stated that activity of this nature was not their policy.”
Activists and some U.S. lawmakers have become increasingly concerned about what they see as an audacious campaign of transnational repression by India of Sikh separatists in North America.
In September, Rep. Eric Swalwell (D-Calif.), a member of the American Sikh Congressional Caucus, posted on X that “I’m concerned by reports that India’s government is targeting Sikh activists abroad” and pledged to work with local and federal officials to ensure actions are taken to protect the Sikh community.
Although there is little evidence of widespread pro-separatist sentiment within Punjab, the Indian state that is home to the majority of the world’s Sikhs, Modi’s government has frequently alleged that Sikh extremists supported by Pakistan have fomented unrest and carried out terrorist attacks inside India.
These alleged terrorists, the Indian government argues, have been harbored by Canada and the United States despite repeated attempts by India to bring them to justice.
In a statement to The Washington Post, Pannun claimed “India wants to kill me for running the Khalistan referendum campaign” He called the thwarted attempt on his life “an act of transnational terrorism,” which is a challenge to … U.S. sovereignty and [a] threat to freedom of speech and democracy.”
The filing of new charges could complicate the Biden administration’s efforts to deepen strategic ties with India as a counterweight to China. But some analysts say that Washington’s geopolitical courtship of New Delhi supersedes the concerns it has — at least for now — about the Indian government’s crackdown on Sikhs and other minorities and Modi’s tilt toward illiberalism.
“There’s little to be gained diplomatically from attempting to shame this Indian government and lots to lose,” said Daniel Markey, a senior adviser on South Asia at the United States Institute of Peace. The relationship is fundamentally one of shared interests — such as countering China — not shared values. Emphasizing the latter, he said, “forces the administration to answer questions that are increasingly uncomfortable.”
But administration officials say they will continue to balance U.S. interests and values.
“India is an important strategic partner of ours and we are continuing to pursue the agenda to expand our cooperation,” said a second senior administration official. “At the same time, this is a serious matter. And as partners, we expect the Indian government to stop any such activities in the United States and to cooperate with us as these investigations proceed.”
The new charges will deepen scrutiny of Modi’s government and its spy service in the wake of Trudeau’s disclosure that he possessed “credible evidence” of New Delhi’s involvement in the assassination of Sikh separatist Hardeep Singh Nijjar. India called the allegations “absurd” and demanded evidence. Canada said it furnished proof, but has declined to make it public. Ottawa expelled the station chief for India’s foreign intelligence service, Pawan Kumar Rai, leading India to retaliate by expelling a Canadian intelligence officer and dozens of diplomats from India.
The Indian government has pressured Western countries to crack down on the movement after supporters of an independent Sikh state stormed India’s embassy in London and attacked its consulate in San Francisco this year, say Western diplomats in New Delhi., say Western officials.
Canada is home to the world’s largest Sikh population outside India, and leaders of the Sikh community for decades have claimed that the Indian government and its intelligence apparatus are seeking to target dissidents on Canadian soil with impunity.
Balpreet Singh Boparai, legal counsel for the World Sikh Organization of Canada, said he is aware of at least five Sikh advocates, including Nijjar, who have been warned by Canadian authorities about unspecified threats to their safety both before and after Nijjar’s killing.
Moninder Singh, a friend of Nijjar, said Nijjar was visited by the Royal Canadian Mounted Police in July 2022. Then in June of this year, he said, Nijjar was scheduled to meet with the Canadian Security Intelligence Service. But a few days before that meeting, on the evening of June 18, he was gunned down outside a Sikh temple in Surrey, a suburb of Vancouver.
One day after Nijjar’s slaying, Bobby Singh, a Sikh youth activist in Sacramento, received a call from an FBI agent advising him to take safety measures, including avoiding public places. When asked where the threat was coming from, the agent told him, “we can’t tell you,” he recalled.
Two days later, a threatening text message popped on his iPhone at 1:41 a.m. It said: “Just a head up for you. You’re next in the USA. We have all tools ready to come fix the problems.”
It closed: “Jai hind” — or “Victory to India.”
That day, Modi was welcomed to Washington by Biden for a lavish state visit intended to showcase the two nations’ burgeoning ties. The following day, Amarjit Singh, a Sikh nationalist from New York joined a protest in front of the White House over mounting human rights concerns under Modi. Inside the White House, Modi and Biden were meeting.
As he drove back to New York, he recalled, he received a call on his cellphone. It was an FBI agent, warning him of a threat to his life. Singh, who runs a 24-hour news channel on You Tube for the global Punjabi community, said he had planned to fly to Canada to attend a “final prayer” service for Nijjar, a Sikh funeral tradition. Instead, for several months, he restricted his travel.
Nijjar’s killing in Canada has shocked Sikh advocates and the targeting of Pannun in the United States has compounded the fear and anger. “For us, this Pannun attempt is a watershed moment,” said Pritpal Singh, founder of the American Sikh Caucus Committee, who has also received an FBI warning. “The perpetrators must be brought to justice.”