The United States has filed charges against an Indian government employee it says was involved in a failed plot to kill an American citizen, who is a prominent advocate for Sikh separatism, in New York.

The US Attorney’s Office for the Southern District of New York announced on Thursday that it filed “murder-for-hire and money laundering charges” against Vikash Yadav.

Another suspect in the case, Nikhil Gupta, was extradited to the US earlier this year to face charges while Yadav remains at large, according to US authorities.

“The defendant [Yadav], an Indian government employee, allegedly conspired with a criminal associate and attempted to assassinate a US citizen on American soil for exercising their First Amendment rights,” Christopher Wray, the director of the Federal Bureau of Investigation (FBI), said in a statement.

“The FBI will not tolerate acts of violence or other efforts to retaliate against those residing in the US for exercising their constitutionally protected rights.”

India’s Ministry of External Affairs said on Thursday that Yadav was no longer employed by the government.

India has previously rejected accusations that a government agent was involved in the murder plot as “unwarranted” and “unsubstantiated”, according to media reports.

The case revolves around an alleged scheme to kill Sikh American activist Gurpatwant Singh Pannun.

Pannun, the legal adviser for the group Sikhs for Justice, is a vocal member of a Sikh campaign for a sovereign state in India’s Punjab region, known as the Khalistan movement.

India views Sikh separatism as a threat to its sovereignty. Over the past few years, the country has been increasingly vocal in demanding that allied countries with sizable Sikh populations — notably Canada, the US and the United Kingdom — do more to crack down on the movement.

Sikhs for Justice is banned in India, and Pannun — a vocal critic of Indian government policies — has been accused  by New Delhi of being “involved in terrorism”.

But Sikh community leaders have accused India’s Prime Minister Narendra Modi, a Hindu nationalist, of trying to stifle dissent, both in India and abroad.

In the hours before Thursday’s charges were announced, the Sikh American Legal Defense and Education Fund (SALDEF), a nonprofit, called on Washington to take “urgent action” to address a campaign of “transnational repression”.

“In the United States, Sikh Americans and other diaspora communities continue to face the threat of transnational repression,” the group said in a statement.

“Whether it be surveillance, intimidation, or targeted violence, foreign governments have sought to stifle free speech and political dissent within our borders. This is unacceptable in a country that stands for freedom and human rights.”

The indictment’s key allegations and claims regarding the plot:

📌 On or about May 2023, Yadav, 39, recruited Gupta, 53, to plot Pannun’s assassination in the US. Gupta, an Indian national residing in India, described his involvement in international drugs and “weapons trafficking” in his communications with Yadav.

📌 At Yadav’s direction, Gupta allegedly contacted an individual whom Gupta believed to be a criminal associate, but who was, in fact, a confidential source working with the US drug enforcement agency (“CS”) to help contract a hitman.

📌 CS allegedly introduced Gupta to a purported hitman who was, in fact, a DEA undercover officer (the “UC”).  Yadav allegedly agreed, in dealings brokered by Gupta, to pay the UC  $100,000 to “murder the victim.”

On or about June 6, 2023, on an audio call, Gupta allegedly told UC: “…our prime minister Modi is visiting America on 20th so at least we need to calm down everything 10 days…so at the time of our prime minister visit, it’s not good.” He added that given Pannun’s profile, there could be protests which could lead to “political things.”

📌 On or about June 9, 2023, Yadav and Gupta allegedly arranged for an associate to deliver $15,000 in cash to UC as advance payment. In or about June 2023, Yadav allegedly provided Gupta with Pannun’s address in New York, phone numbers, and details of his daily conduct. Gupta allegedly passed these on to the UC.

📌 Directed by Yadav to do so, Gupta allegedly gave regular updates on the progress of the assassination plot by forwarding to Yadav, among other things, Pannun’s surveillance photos.

📌 On or about June 18, 2023, approximately two days before Modi’s US visit, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was Pannun’s associate and, like Pannun, a pro-Khalistan figure and an “outspoken critic” of the Indian government.

📌 The day after the Nijjar murder, Gupta allegedly told UC that Nijjar “was also the target” and “we have so many targets.” Gupta added that, in light of Nijjar’s murder, there was “now no need to wait” on killing the Victim. On or about June 20, 2023, Yadav allegedly sent Gupta a news article about the Victim and messaged Gupta, that it’s a “priority now.”

n In fresh revelations, the indictment states that Yadav allegedly sent a particular cellphone app — that records GPS coordinates and enables the user to take photographs — to conduct surveillance on Pannun. Gupta directed CS to this app.

📌 On or about June 24, 2023, Yadav allegedly messaged Gupta that “today we must get the App based location pic,” referring to obtaining surveillance photos of Pannun. Yadav allegedly said “(n)ow it’s a clear go ahead…”

📌 Gupta allegedly told UC to execute the plan and kill others as well, if they are with Pannun. “If he is not alone, (if) there are two guys with him in the meeting or something … put everyone down, put everyone down.”

Explaining the charge, US Attorney Damian Williams said that Gupta, charged last year for conspiring to assassinate a US citizen of Indian origin on U.S. soil, “did not work alone.”

“The right to exercise free speech is foundational to our democracy, and predicated on the notion that we can do so without fear of violence or reprisal, including from beyond our borders.  Let this case be a warning to all those who would seek to harm and silence U.S. citizens:  We will hold you accountable, no matter who and where you are,” Williams said.