Jagtar Singh Johal

I beg to move,

That this House has considered the imprisonment of Jagtar Singh Johal.

Let me begin by thanking the Backbench Business Committee for allowing this debate to proceed today. I noticed, while going over my notes in preparation, that it is almost a year since I first submitted the request, yet the Committee has indulged my requests to delay owing to the changing circumstances of the case. I think it was more in hope than expectation that my friend, the hon. Member for Gateshead (Ian Mearns), offered me the slot last week, and I am delighted to see them in their place today, as well as other members of the Backbench Business Committee.

I do not intend to spend much time today going over the specifics of the case. These are a matter for the public record, following: the Adjournment debate that I was granted in November 2018; the Westminster Hall debate of June 2021; and, indeed, the urgent question heard by the House in September last year. Indeed, in the five years since Jagtar’s arrest, I have brought up his case on the Floor of the House on more than 30 separate occasions. This, along with the excellent work of my colleagues from other political parties across the House who have continued to raise my constituent’s case in parliamentary questions—

I have arranged meetings with Foreign Secretaries, Ministers and Prime Ministers, but my efforts have been as nothing compared with the incredible assiduous work of my friend, the hon. Member for West Dunbartonshire (Martin Docherty-Hughes). His pursuit of freedom on behalf of Jagtar and his family is admirable and I am determined to offer any support that I can as he continues to fight this case.

The hon. Gentleman has been a stout defender of Jagtar’s rights, and I am grateful for his continued support and for that of some of his colleagues.

As I was saying, the engagement across parties in debates and in meetings with Ministers shows the strength and durability of the feeling in this place to address what is becoming one of the most—at least I would say—prominent injustices in modern UK foreign policy. That is, essentially, the purpose of this debate. Through the speeches and interventions made in the House today, I want the Government to see: that Members across this House, across parties, and across the nations of these islands, have no intention of forgetting Jagtar Singh Johal; that the choice that they made not to deem his continued detention an arbitrary one until recently to not be without consequence; and that even five years on, we will be here, and for another five years if that is indeed necessary. Once again, we ask them, through the Minister, to call for his immediate release.

I congratulate my hon. Friend on securing this debate and on all the work that he has done on behalf of his constituent, and, indeed, his constituents. Plenty of constituents in Glasgow North are regularly in contact with me about this issue—not just people who worship at the Guru Nanak Sikh Temple in Otago Street, but members of the Amnesty groups and the wider community. They understand that Jagtar has been arbitrarily detained. The United Nations understands that that is what has happened to him. Does my hon. Friend agree that the Government must recognise that and that they have to call for fair due process and, ultimately, for Jagtar’s release?

I thank my hon. Friend for his intervention. We are at the point now where that needs to be vocalised on the Floor of the House. It is one thing to say it in private, but it does need to be vocalised by the Minister.

The United Kingdom Government are, of course, not the only relevant party: the Government of the Republic of India, their judiciary and their police forces are the ones who continue to hold my constituent in a fashion that is consistent with arbitrary detention—

I wish to add to the contributions that have been made about my hon. Friend’s endeavour in relation to standing up for his constituent. On the point that he just made, we know that, in August 2022, there were reports that MI5 and MI6 operatives supplied information that has led to the torture of a British citizen in India. That is, of course, a breach of his human rights and, to my mind, it is an act of treachery on behalf of the UK Government. Does my hon. Friend agree?

That matter is about to go before the courts, Madam Deputy Speaker, but let me say that that type of approach by previous UK Governments is not unknown. I hope that the courts will recognise that we need further information on the involvement of the British Government in the arbitrary detention of my constituent and his possible torture.

As I said, the UK Government are not the only relevant party. The Government of the Republic of India, their judiciary and their police forces are the ones who continue to hold my constituent in a fashion that is consistent with arbitrary detention. I would like them to watch this debate and recognise that this has not escaped international attention and nor will it do so.

Last May, when the UN Working Group on Arbitrary Detention submitted a report on the case, it could not have been clearer. It said:

“Mr Johal’s arrest and detention are arbitrary…as there is a lack of legal basis or justification, and amount to unlawful abduction, incommunicado detention and unreasonable pretrial detention.”

It continues that

“none of the domestic or international law requirements was complied with during Mr Johal’s arrest. Mr Johal was bound, hooded and taken by unidentified police officers. During that time, Mr Johal was never informed that he was being arrested, nor was a family member with him. Under Article 21 of the Constitution of India, no person is to be deprived of life or personal liberty except according to procedure established by law.”

We subsequently heard last year, following the excellent work of the charity Reprieve, that this arrest was almost certainly the result of intelligence shared by the British Government. There is, of course, as mentioned by my hon. Friend the Member for Coatbridge, Chryston and Bellshill (Steven Bonnar), an ongoing legal case. I hope we will one day be able to establish the circumstances that set this terrible personal tragedy into motion, although it would save the family the stress of the court process if the UK Government were to be up-front about their role in the case as soon as possible—but I am afraid I do not think that will happen.

I congratulate the hon. Gentleman on once more securing a debate on behalf of his constituent Jagtar Singh Johal. This is a matter I have raised on numerous occasions on behalf of many concerned Slough constituents. Does he agree that, since the UN working group on arbitrary detention issued an opinion finding that Jagtar “was subjected to torture” and that his detention was based on “discriminatory grounds”, it is incumbent on the Foreign Office to issue Jagtar’s family and legal team with all the consular support and advice required in their fight to get him released and see justice delivered?

I am grateful to the hon. Gentleman, who is another doughty campaigner for my constituent and works closely with me. I do not disagree, but I must put on record that, in difficult times, the consular teams have stepped up to the plate in many ways and have worked tirelessly to assist the family. The difficulty is political leadership.

My hon. Friend is making a powerful contribution. I am aware, as hon. Members across the House will be, of the good work he is doing in championing Jagtar’s family. Does he agree that this is only the latest example of a growing trend of UK Government incompetence and inaction when faced with British nationals detained abroad, and that it is vital that we ensure that previous blunders are not repeated in the case of Jagtar Singh Johal?

There has been a litany of personal disasters when it comes to consular support, but I say again that that is not the staff, but the lack of political leadership, the impact of change since 2016 due to Brexit, the number of staff members taken away from different desks covering different countries and the amount of churn going through the Foreign, Commonwealth and Development Office. That has been profoundly difficult, and it has dire consequences for all our constituents on the ground.

I congratulate the hon. Gentleman on securing this debate and on his determined effort on behalf of his constituent. Does he think there is anything to be learned from the result of the Nazanin Zaghari-Ratcliffe case and how that transpired? What learnings are there from that case in terms of both campaigning and how that was worked through with the Foreign Office and how that might secure Jagtar’s release?

The hon. Gentleman raises a range of issues, but I am afraid that the debate will not give me long enough today to open up Pandora’s box on the differences between my constituent and others, although some differences are self-evident. I put it on record that the support from the Nazanin Zaghari-Ratcliffe campaign for my constituent and his family has been 100% solid. On the differences between dealing with theocracies and what are supposed to be close allies, we have seen clear differences between the two cases come out politically over the past couple of years.

In the week before Republic Day, I made a plea to the Indian Government, and the judiciary, which is quite correctly independent, to reflect on the preamble to the great foundational document of the Republic of India that they will celebrate next week. Let us recall the words:

“JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and opportunity;”

and then of course:

“FRATERNITY assuring the dignity of the individual and the Unity and integrity of the Nation.”

Those are fine words, befitting a great global state, which, if trends continue, stands to become a great global leader of the 21st century, but that will require not only economic might and demographic advantage but translating great sentiments into great actions: fair and open institutions that have the trust of the people.

This week we saw Jagtar’s case again adjourned until March due to witnesses not being presented, just as it was in November, and those more well-versed than me in Indian legal matters think it could continue to be adjourned at eight-week intervals for some time. If the prosecution cannot produce witnesses, they are not only wasting everyone’s time, but wasting the best part of my constituent’s life.

I draw the attention of the House to my entry in the Register of Members’ Financial Interests, and in particular to my co-chairmanship of the Indo-British all-party parliamentary group and of the APPG for India (Trade and Investment). I congratulate the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) not only on securing the debate, but on his long campaign for his constituent. He has been diligent in seeking support and justice from both the UK and Indian Governments for a very long time on behalf of his constituent, as is absolutely right as a Member of this House.

Jagtar Singh Johal, who was resident in Dumbarton, was detained in India, I believe, on 4 November 2017. The charges he faces, as the hon. Gentleman has pointed out, relate to terror conspiracy cases. They relate to an outlawed militant group: the Khalistan Liberation Force. That is a proscribed organisation in India. Membership of such an organisation is a crime, if proven. I understand that Mr Singh has been formally charged in eight separate cases of assassination, terror and violence. Clearly, those are very serious offences indeed. The cases were investigated by India’s National Investigation Agency.

I am grateful to the hon. Gentleman for giving way. We clearly have a bit of a disagreement. The Indian courts, the NIA and the police had five years to bring cases against my constituent for the charges against him, yet they have progressed only one of those, and even then, it was using evidence that was likely—whether the hon. Gentleman agrees with it or not—obtained using torture. Does he think it is time they actually brought a case to court and got on with it?

Justice delayed is justice denied. I agree with the hon. Gentleman that this case should proceed in court as fast as possible. We have to remember that in India, the judiciary is impartial and is based on the UK model. We should also be clear that keeping Jagtar in prison for this length of time without bringing charges and without proper process, so that he can either answer those charges or, indeed, be found guilty of them, is unfair and unjust.