Unlike many transnational organised crime prosecutions, Bishnoi is not an absconding accused. He is lodged in Sabarmati Central Jail and is facing multiple criminal proceedings in India. His location is known to Indian authorities, making any future attempt by the United States to prosecute him in an American court contingent on legal cooperation between New Delhi and Washington.

The nine-count indictment unsealed by the U.S. Department of Justice alleges that Bishnoi directed a transnational criminal enterprise from prison through associates in India, North America and Europe, using contraband mobile phones and internet-based communication. Prosecutors have charged him with racketeering conspiracy and allege that the enterprise engaged in extortion, murder, attempted murder, firearms offences, narcotics trafficking and human smuggling.

In a notable section of the indictment, U.S. prosecutors allege that Bishnoi cultivated a public image as a “patriot”, “nationalist” and “deeply religious individual” while using that public persona to recruit members and strengthen the criminal enterprise. The indictment alleges that the image projected publicly stood in stark contrast to the criminal activities the organisation was allegedly directing.

Importantly, this “nationalist” narrative has been used by Western agencies and media to describe Bishnoi and to prove his ties to Indian security agencies.

The indictment also alleges that Bishnoi and his associates were responsible for ordering the June 2023 killing of Hardeep Singh Nijjar in Surrey, British Columbia.

The incident had led to rupture of bilateral ties between India and Canada.

The inclusion of the Nijjar killing marks a significant expansion of the U.S. case. Although the killing took place in Canada, U.S. prosecutors contend that it formed part of the activities of a racketeering enterprise led by Bishnoi that also operated within the United States, bringing it within the scope of federal prosecution.

The indictment’s description of Nijjar also differs from the characterisation used by Indian authorities. Indian investigative agencies have described Nijjar as a Khalistani terrorist and designated him under Indian law. The U.S. indictment, however, neither discusses nor characterises his alleged links to Khalistan, referring instead to him solely in the context of the alleged criminal conspiracy and the homicide.

The development is likely to draw comparisons with the prosecution of Indian national Nikhil Gupta, another India-linked U.S. criminal case arising out of allegations connected to the Nijjar affair. Another Indian national, Vikas Yadav has also been named as an accused by U.S DoJ in this case. Yadav is currently in India.

While the Justice Department has not announced any move to seek Bishnoi’s extradition, the indictment establishes the legal basis for the United States to prosecute him and raises the prospect of future legal and diplomatic engagement between the two countries should Washington seek his custody.