The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)
I am grateful to the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) for calling this debate, and I am grateful for the contributions of other Members, including the Opposition Front-Bench spokespersons, the hon. Members for Edinburgh North and Leith (Deidre Brock) and for Hornsey and Wood Green (Catherine West), and my hon. Friend the Member for Harrow East (Bob Blackman). I pay tribute to the hon. Member for West Dunbartonshire for his tireless energy on behalf of his constituent. He paid tribute to the consular support received by Mr Johal and I agree with that sentiment. We are always terrifically proud of the consular staff in the FCDO. They have been particularly active in this case and we are grateful for their continued efforts.
It may be useful to confirm straight up that Mr Johal has had access to a lawyer since his arrest, in answer to a question from my hon. Friend the Member for Harrow East. On consular support, since his arrest in 2017, more than 50 such consular visits or calls have taken place, led by the relevant consular regional operations manager. We appreciate their work and I am pleased to report that Mr Johal received one of those consular visits this morning.
Colleagues will understand that Lord Ahmad of Wimbledon is the Minister for India, but his being in the other place it is my pleasure to respond on his behalf. Let me begin by saying that this matter rightly continues to cause great concern across the House and the Sikh community. I recognise how incredibly difficult the past five years have been for Mr Johal, his family and his friends.
We want a resolution to this protracted and complex case. Let me assure Members that we are doing what we can at the highest levels to support Mr Johal and his family, and we will continue to do so. The Foreign Secretary did that with his counterpart Dr Jaishankar during his visit to India last October. During visits to India earlier in 2022, the then Prime Minister, my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), and the then Foreign Secretary, my right hon. Friend the Member for South West Norfolk (Elizabeth Truss), also raised this case with Prime Minister Modi and Dr Jaishankar.
As I said, the Minister of State Lord Ahmad of Wimbledon continues to lead efforts on this case. He is in regular contact with counterparts across the Indian Government. He most recently raised Mr Johal’s case with the Indian high commissioner to the UK on 13 December. Just this week, the Foreign Office’s most senior official, the permanent under-secretary Sir Philip Barton, raised this matter with his Indian counterpart. More broadly, a working group of UK and Indian officials is discussing measures to improve support to all British nationals detained in India. We are in regular contact with Mr Johal’s family to offer our support and updates on our engagement with the Indian authorities.
Martin Docherty-Hughes
On engagement with the family, can the Minister confirm on the Floor of the House that his Government accept that my constituent was arbitrarily detained?
Leo Docherty
I will come to that in a moment. The UN Working Group on Arbitrary Detention has issued its opinion about Mr Johal’s case. We take it very seriously. We are focused right now on giving him the welfare support that he needs and we will continue to raise our concerns about his case directly with the Government of India.
The former Foreign Secretary met the hon. Member for West Dunbartonshire and Mr Johal’s brother last June to discuss the matter. The current Foreign Secretary is due to meet the hon. Member and Mr Johal’s brother later this month. Our consular staff are in weekly contact with Mr Johal’s family to support them as best we can through this difficult time.
Mr Johal has made allegations of torture and mistreatment during his detention. We take such allegations very seriously. Let me be clear: torture, and cruel, inhumane and degrading treatment are prohibited under international law. We have consistently raised concerns directly with the Indian authorities at the highest levels. That includes requests for an effective, impartial investigation into the allegations, for Mr Johal to have access to an independent medical examination, and for his right to a fair trial to be upheld. He is facing multiple charges; the trials have started for some of those. Our consular staff will continue to monitor the developments closely throughout the process.
Mr Johal has been accused of offences for which the maximum sentence is the death penalty. The UK is strongly opposed to the death penalty in all circumstances. I therefore appreciate how deeply distressing the situation must be for Mr Johal and his family. Our consular staff in India visit him regularly to offer support, and did so most recently this morning.
Claudia Webbe (Leicester East) (Ind)
I wanted to check whether the review would include what was reported in The Times just last year that the UK security services had some involvement in Mr Johal’s arrest. Will the review include that as part of the investigation?
Leo Docherty
I will not comment on intelligence or security matters on the Floor of the House of Commons, in adherence to the Government’s long-standing and settled practice.
Consular staff often attend Mr Johal’s court hearings in India as observers, most recently on 13 January. They are in regular contact with Mr Johal’s legal representatives.
Amy Callaghan
I am going to ask the same question as my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes): will the Minister confirm on the Floor of the House that Jagtar Singh Johal has been arbitrarily detained in India?
Leo Docherty
As I said, the UN Working Group on Arbitrary Detention has issued its opinion about Mr Johal. We take this matter very seriously. We have consistently raised our concerns about Mr Johal’s case directly with the Government of India. We are focused on doing everything we can to provide him with consular welfare assistance.
Last February, lawyers acting for Mr Johal issued a civil litigation claim against the UK Government in the High Court. These are ongoing legal proceedings and we must let them run. As such, I cannot comment on that matter, in line with the settled and long-standing practice of the Government.
There are calls on the British Government to do more, particularly on the Floor of the House today. Our actions in this case and all such cases are tailored to the specific and complex individual circumstances. Where we consider that there is credible evidence that an individual is arbitrarily detained, we will continue to work publicly and privately to support them and tailor our assistance to the circumstances of the case. We are committed to doing what we can to most effectively assist Mr Johal. In his case we have raised our concerns, including his allegations of torture, with the Indian Government on more than 100 occasions, and we will continue to do so. In 2021, the then Prime Minister, my right hon. Friend the Member for Uxbridge and South Ruislip, and Prime Minister Modi committed to work together to resolve long-running and complex consular cases. We have made some progress, including a recent case regarding two British nationals. We will continue to work together to that end.
The UK relationship with India is very important and is based on trust and collaboration. India is a key partner on the world stage, including through its G20 presidency. That strong relationship allows discussions on challenging topics. That is an important part of the deep, mature and wide-ranging relationship that we continue to have with India. Complex consular cases and other sensitive issues form a regular part of our dialogue with India and will continue to do so. We will continue to make those representations on the behalf of all British nationals.