What Happened
- Nikhil Gupta, a 54-year-old Indian national, pleaded guilty on February 13, 2026, in a Manhattan federal court to charges of murder-for-hire, conspiracy to commit murder-for-hire, and conspiracy to commit money laundering.
- Gupta admitted to participating in a plot to assassinate Gurpatwant Singh Pannun, a US and Canadian dual citizen and general counsel of the Sikhs for Justice (SFJ) organisation, on American soil.
- The US Department of Justice alleges that Gupta was recruited in May 2023 by Vikash Yadav, described in the indictment as an employee of India's Cabinet Secretariat (which houses the Research and Analysis Wing, India's external intelligence agency), to arrange the assassination for $100,000.
- The plot was foiled when the individual Gupta believed to be a professional hitman was actually a Drug Enforcement Administration (DEA) confidential source and undercover operative.
- Gupta faces a maximum sentence of 40 years in prison; sentencing is scheduled for May 29, 2026.
Static Topic Bridges
Extraterritorial Jurisdiction and State Sovereignty Under International Law
The Pannun assassination plot raises fundamental questions about state sovereignty and the prohibition of extraterritorial use of force. Under customary international law and the UN Charter, states are prohibited from conducting covert operations — including assassination plots — on the territory of another sovereign state without that state's consent.
- UN Charter Article 2(4): Prohibits the threat or use of force against the territorial integrity or political independence of any state.
- The principle of non-intervention (affirmed in the 1970 Declaration on Friendly Relations, UNGA Resolution 2625) prohibits states from intervening in the internal or external affairs of other states.
- Precedents: The assassination of Mahmoud Al-Mabhouh in Dubai (2010, attributed to Israel), the Skripal poisoning in the UK (2018, attributed to Russia), and the killing of Jamal Khashoggi in Istanbul (2018, attributed to Saudi Arabia) — all generated significant diplomatic fallout.
- The International Court of Justice in the Nicaragua v. United States case (1986) held that covert operations violating sovereignty constitute a breach of international law.
- Related case: The killing of Hardeep Singh Nijjar, a Canadian Sikh activist, in June 2023 in British Columbia — Canada publicly accused Indian government agents, leading to mutual diplomatic expulsions and a severe diplomatic crisis.
Connection to this news: Gupta's guilty plea converts the earlier allegations into a judicially established conspiracy involving an Indian government employee, moving the matter from the realm of diplomatic allegations to admitted fact — with significant implications for India's international standing and bilateral relations with the US and Canada.
Research and Analysis Wing (RAW) — India's External Intelligence Agency
The Research and Analysis Wing (R&AW), established in 1968, is India's primary external intelligence agency, operating under the Cabinet Secretariat. The Pannun case — with its alleged link to a Cabinet Secretariat employee — has brought unprecedented public scrutiny to the agency's operations.
- Established: September 21, 1968, by Rameshwar Nath Kao (first director), following intelligence failures during the 1962 Sino-Indian War and the 1965 Indo-Pak War. It was carved out of the Intelligence Bureau (IB), which handles domestic intelligence.
- Reports to: The Prime Minister through the National Security Advisor (NSA); operates under the Cabinet Secretariat.
- Legal framework: R&AW operates without a dedicated statutory charter (unlike the CIA, which operates under the National Security Act of 1947). Its activities are covered under the broad umbrella of executive authority.
- Notable operations: Role in the creation of Bangladesh (1971), countering Pakistan's ISI in Afghanistan (1980s), and intelligence support during Kargil (1999).
- No parliamentary oversight committee specifically for R&AW — the Parliamentary Standing Committee on Home Affairs has limited jurisdiction. The Intelligence Organisations (Restriction of Rights) Act, 1985 restricts the rights of intelligence personnel to form associations.
- The Vikash Yadav connection: The US indictment identifies Yadav as a "CC-1" (co-conspirator 1) employed by India's Cabinet Secretariat; India has described him as a "rogue operator" and denied official involvement.
Connection to this news: The case raises critical questions about oversight and accountability of India's intelligence agencies, particularly the absence of a statutory framework or independent oversight mechanism comparable to the US Congressional intelligence committees or the UK's Intelligence and Security Committee.
India-US Relations — Managing Strategic Irritants Alongside Strategic Convergence
India-US relations have undergone a fundamental transformation since the 2005 Civil Nuclear Agreement, evolving into a "Comprehensive Global Strategic Partnership" (2020). However, the Pannun case represents a significant irritant that tests the resilience of this partnership.
- Key defence agreements: LEMOA (2016, logistics access), COMCASA (2018, communications interoperability), BECA (2020, geospatial intelligence sharing), and the Industrial Security Annex (2023).
- The 2+2 Dialogue (Foreign Minister + Defence Minister level): Established 2018, India has this format with only four countries — US, Australia, Japan, and Russia.
- iCET (Initiative on Critical and Emerging Technology, 2023): Covers AI, quantum computing, semiconductors, space, and telecommunications.
- Previous irritants managed: S-400 missile purchase from Russia (CAATSA waiver debate), India's Russian oil purchases, and trade disputes — all managed without derailing the strategic partnership.
- The India-US interim trade deal (February 2026) demonstrates the two countries' ability to separate strategic and trade tracks, but the Pannun case adds a justice/sovereignty dimension that is harder to compartmentalise.
Connection to this news: The guilty plea complicates India-US relations at a moment when the two countries have just concluded a trade deal and are deepening technology cooperation. The US will likely demand visible accountability from India, including cooperation on the Vikash Yadav case, which could create domestic political tensions in India.
Key Facts & Data
- Nikhil Gupta: 54 years old, Indian national; arrested in Czech Republic (June 30, 2023), extradited to US (June 2024)
- Charges: Murder-for-hire, conspiracy to commit murder-for-hire, conspiracy to commit money laundering
- Maximum sentence: 40 years; sentencing scheduled May 29, 2026
- Alleged payment: $100,000 for the assassination; $15,000 advance paid
- Vikash Yadav: Co-accused, identified as Cabinet Secretariat employee; India describes him as a "rogue operator"
- R&AW established: September 21, 1968, by R.N. Kao
- India-US 2+2 Dialogue: Established 2018 (Foreign Minister + Defence Minister level)
- Key defence agreements: LEMOA (2016), COMCASA (2018), BECA (2020)
- Gurpatwant Singh Pannun: US-Canadian dual citizen, general counsel of Sikhs for Justice (SFJ)