US seeks 24-year jail term for Nikhil Gupta in Pannun murder plot

US prosecutors have asked a federal court in New York to sentence Indian national Nikhil Gupta to 293 months, or just over 24 years, in prison for his alleged role in a plot to assassinate pro-Khalistan separatist Gurpatwant Singh Pannun on American soil. Gupta’s sentencing is scheduled for November 20.

His defence team, however, has urged the court to impose a 12-year prison term, backing the recommendation made by the Probation Department. In a sentencing memorandum submitted to the US District Court for the Southern District of New York, his lawyers argued that Gupta deserved leniency because he had accepted responsibility and had no previous criminal record.

Gupta expresses regret in letter to judge

In a letter to Judge Victor Marrero, the 55-year-old expressed remorse over his involvement in the alleged plot and spoke about his struggles with alcoholism.

“I wish I could turn back time to 2023 and undo my mistakes. Now, when I look back, I don't even recognise the man I had become. In early 2023, even though my life looked just fine from the outside, I was a mess. I was not me,” he wrote.

Gupta pleaded guilty in February to murder-for-hire conspiracy, murder-for-hire and money laundering conspiracy charges.

His lawyers have sought to portray him as someone who acted under pressure from Vikash Yadav, an Indian intelligence official accused by US authorities of directing the plot. According to the defence, Gupta was approached by Yadav after men claiming to be Gujarat Police personnel visited his home in India and left their names with his son. Yadav allegedly assured him that a “fake case” against him was “all clear”, leading Gupta to believe that an intelligence officer could influence the criminal case.

Prosecutors reject defence plea for leniency

The prosecution has dismissed these arguments, maintaining that Gupta played a central role in the alleged conspiracy and worked on it over an extended period.

“The defendant’s conduct was as brutal as it was brazen. He was a crucial participant in a foreign plot to execute a US citizen on US soil. The Court should impose a sentence that reflects the magnitude of the crime and sends a message that the violent silencing of voices in this country will not be tolerated. For these reasons, and all the reasons set forth above, the Government respectfully requests that the Court impose a sentence of 293 months’ imprisonment,” prosecutors wrote in a November 13 filing.

They also argued that Gupta was driven by financial gains, including promised profits from weapons sales and drug shipments. Rejecting his claim that alcohol affected his judgement, prosecutors said the alleged offence involved planning and coordination over several weeks.

Pannun, who was designated an “individual terrorist” by India in July 2020, has sought the maximum sentence on every count. In his victim impact statement, he said the alleged plot had forced him to live with security for 1,200 days and prevented him from meeting legal clients in person.

India has denied any state involvement in the alleged plot. The government said it took US inputs seriously and formed a high-level enquiry committee in November 2023. In January 2025, the Ministry of Home Affairs said the panel had recommended legal action against an individual after its investigation.