
It has not been said out loud, but here it is in plain English: Nikhil Gupta is the one who has been chargesheeted in a court in New York, but it is actually India's external agency, the Research and Analysis Wing, and by extension, the national security establishment and the government, that are in the dock.
The chargesheet speaks extensively of an unnamed co-conspirator (CC1) – “an employee of the government of India” who is based in Delhi. It is CC1 who directed Gupta to hire an assassin to take out the New York-based Khalistani activist-lawyer Gurpatwant Singh Pannun (his name is not mentioned either but the description makes his identity clear).