(1 day, 13 hours ago)
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Douglas McAllister (West Dunbartonshire) (Lab)
I am grateful for the opportunity to raise the urgent case of my constituent Jagtar Singh Johal, a British citizen from Dumbarton who is facing the death penalty in India on trumped up political charges. Jagtar was arbitrarily detained in an Indian prison for 3,254 days. He has been released on bail but continues to face capital punishment in eight dubious cases against him, which duplicate allegations on which he was acquitted last year. Though Jagtar has now been released on bail, he is by no means free. He faces restrictions on almost every aspect of his life and is at great risk while he remains in India. Justice may only be served by returning him to his family and his home in Dumbarton.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
I thank my hon. Friend for his strong leadership on this important issue on behalf of his constituent. Many of my Slough constituents and I have watched with deep concern the case of Jagtar Singh Johal. No doubt, the Johal family will be considerably pleased and relieved that Jagtar has been released on bail after nine long years, but they will still feel considerable uncertainty and distress. Does my hon. Friend agree that this matter has gone on for far too long and that it needs to be swiftly resolved, and that the Minister needs to update the House as to what discussions have been had with Indian counterparts to achieve that aim?
Douglas McAllister
I agree entirely with my hon. Friend’s comments and I will touch on those points during my speech. May I take this opportunity to thank him for his continued and long-standing support and encouragement of me with respect to the fate of my constituent? He never lets a day pass when he does not ask me for an update, and he has shown great solidarity to me and to Jagtar Singh Johal—I thank him for that.
This case has attracted concern from parliamentarians across this House, from human rights organisations, from legal experts and from the United Nations.
Dr Zubir Ahmed (Glasgow South West) (Lab)
I thank my hon. Friend for giving way, especially as he is getting into the substance of his speech. I want to place on record my appreciation and that of my constituents in Glasgow South West, where there is a large Sikh community, for my hon. Friend’s efforts. He has been tireless since the first day he was elected to this place in trying to secure the release of Jagtar. That resonates very strongly with my constituents in the Sikh community across Glasgow South West.
Does my hon. Friend agree, though, that although we are slowly starting to move in the right direction, there is still deep concern because Jagtar faces the death penalty? The Johal family—which includes friends of mine, such as Gurpreet, who is a local councillor in the west of Scotland—must be filled still with trepidation. Does he further agree that there is also a wider context, whereby someone born in this country—a British citizen, a second-generation Indian—has found himself in this situation, incarcerated for nearly a decade? That sends shivers down the spines of hundreds of thousands, possibly millions, of people in that situation living in Britain today who would wish to visit India.
Douglas McAllister
I agree entirely with my hon. Friend, who makes a powerful point about the ongoing position of my constituent Jagtar Singh Johal. I thank my hon. Friend not only for his intervention, but for his continued support for me and my constituent, Jagtar. He has been unfailing in his commitment, on behalf of Glasgow South West, to demonstrating the ongoing support across the west of Scotland and the nation for securing Jagtar Singh’s safe return home.
In opposition, my party rightly called for Jagtar’s release on the basis that he was arbitrarily detained. It is my hope that through effective diplomacy, we will be able to deliver that outcome. Above all, this case has deeply affected Jagtar’s family in Dumbarton, who have spent nearly a decade fighting for justice and searching for answers.
Deirdre Costigan (Ealing Southall) (Lab)
I congratulate my hon. Friend on securing this debate and on his tireless campaigning for his constituent, which is an example to us all. I wrote to the former Foreign Secretary and to Ministers on several occasions to raise Jagtar Singh Johal’s case on behalf of many of my British Sikh constituents in Ealing Southall, who have been hugely concerned for his safety and legal rights. Does my hon. Friend agree that this is a testament to many in the British Sikh community in his constituency, in mine and in many constituencies across the country, who have rallied behind Jagtar Singh Johal, and that that is part of the reason that he has now been released on bail from prison?
Douglas McAllister
I could not agree more with my hon. Friend. I place on record my thanks to her and, as she validly says, the British Sikh community across the United Kingdom, Sikh Federation UK and the all-party parliamentary group on British Sikhs. Without that collective support, we would not have secured what we have today, which is his release on bail, but the fight continues.
Jagtar, of course, is from my West Dunbartonshire constituency. His ordeal is a matter of huge concern to many of my constituents, who have urged me to continue pressing Jagtar’s case in this place. I am grateful for the continued efforts of campaigners in my constituency and beyond to keep me updated on developments. Although I have never spoken to Jagtar, I hope one day to meet him as a free man, shake his hand and have that long-awaited conversation.
Jagtar travelled to India in 2017, shortly after his wedding. What should have been one of the happiest periods of his life turned into nine years of unimaginable suffering. While shopping with his wife in Punjab on his honeymoon, he was abducted from the street by hooded men who were later identified as police officers. He was held incommunicado for 10 days. During that period, he was subjected to electric shocks, sleep deprivation, stress positions and threats against his life. It is now known that a forced confession was extracted from Jagtar through torture. Following that, he was sent to prison, where he remained arbitrarily detained for almost nine years. The highly political accusations against Jagtar are not supported by any material evidence—no bank records, no email trail, no CCTV or anything of that kind. In fact, the case against him is based on that forced confession, obtained under days of torture.
These deeply concerning events are not simply claims made by campaigners or family members. They have repeatedly been the subject of international concern and scrutiny. In May 2022, the United Nations working group on arbitrary detention concluded that Jagtar was being detained arbitrarily and called for his release. In April this year, 10 UN special rapporteurs and independent experts issued an even stronger statement. They found that there was “no rationale” for Jagtar’s continued detention and stated:
“Eight and a half years of arbitrary detention without a clear path to trial is not justice, it is unlawful suffering.”
They went on to say that the prolonged uncertainty surrounding his case amounted to a form of psychological torture. These are exceptionally serious findings from the UN.
The same experts raised concerns regarding the apparent duplication of charges, the presumption of innocence, the misuse of counter-terrorism legislation and the continued reliance on evidence allegedly obtained through torture. They stated:
“International law is unequivocal: torture includes severe mental suffering caused by prolonged uncertainty while awaiting trial…It also prohibits the use of evidence obtained through torture in proceedings and requires prompt, transparent and fair trials”.
Those principles should guide every justice system. They should also guide our response when those principles appear to have been breached in the case of a British citizen, as has happened with Mr Johal.
There have been hundreds of hearings over the course of these proceedings, yet judges recently observed in a written order that the trial is not likely to conclude anytime soon, which is incredibly worrying. There was a significant development in March 2025 when a court in Moga acquitted Jagtar of all charges. Prosecutors had spent seven years pursuing the prosecution of that case and ultimately failed to present credible evidence. Yet despite that acquittal, Jagtar remained imprisoned because he continued to face eight other cases, which are essentially duplicates. They all have similar underlying allegations, the same disputed confession and the same questionable evidence. That is backed up by UN experts, who have raised concerns about the similarity of these charges, as well as issues around double jeopardy, the presumption of innocence and the use of evidence allegedly obtained through torture.
This month, there has finally been progress. Following a bail order granted on 18 September, Jagtar was released from Tihar jail on 1 October—after almost nine years in custody. This is very welcome news, and I know it has brought enormous relief to his family, friends and supporters.
Patricia Ferguson (Glasgow West) (Lab)
As his constituency neighbour, I praise my hon. Friend’s steadfast campaigning on this issue, which began before he was elected to this place. Does he share my concern that the fact it took another court to demand that Jagtar be released on the bail that had already been granted some days before shows how intransigent the Indian authorities are in this case? That gives us all pause for thought. I hope that the improving economic relationship this country now has with India can be part of the leverage that will be used to make the Indian Government do the right thing at last.
Douglas McAllister
My hon. Friend makes an important point, which I will touch on towards the conclusion of my speech. I agree entirely with her comments, and would like to take this opportunity to thank her not only for her intervention but for the support she has shown me over the last two years in our joint fight for justice for my constituent Jagtar Singh Johal.
Jagtar remains subject to strict bail conditions. He remains on trial in eight outstanding cases. He remains under the threat of serious criminal charges and potentially the death penalty if convicted. He is unable to return home to Scotland. While his release represents an important step forward, it does not bring this case to an end.
This debate is not intended to undermine the relationship between the United Kingdom and India. I am very aware that India is a hugely important partner to us and a valued friend. Nor do I underestimate the complexities involved in consular cases overseas. I recognise that Ministers and officials have intervened on this case over the years and that representations have been made at various levels. Indeed, a number of previous Foreign Secretaries have raised Jagtar’s case with their Indian counterparts.
Most recently, the current Foreign Secretary spoke to India’s External Affairs Minister, Minister Jaishankar, last month and stressed that Jagtar’s case had been a concern for a long time. I am grateful to the Foreign Secretary for raising this, but the response from Minister Jaishankar was not good enough. As he has done in the past, he insisted that he cannot interfere with the courts, but after almost nine years, concern alone cannot be the measure of success. Raising Jagtar’s case at any opportunity is not good enough, and his family saw little evidence of progress coming from these supposed discussions. The measure of success must be whether Jagtar is finally able to return home.
In September 2023, a Government Minister argued that publicly calling for Jagtar’s release was not in his best interests. The Government therefore chose not to call for his release at that stage. Now, the circumstances have changed. The opportunity before us has changed, and the Government’s approach must change, too.
I was pleased to see the appointment of a UK envoy for complex consular detentions, who is responsible for supporting British nationals detained overseas in complex cases. I know that he has met Jagtar’s brother Gurpreet, whose commitment throughout this campaign has been extraordinary. Since the very start, he has spoken up for his brother with determination, dignity and resilience. I thank Gurpreet for being Jagtar’s biggest supporter and advocate, and for relentlessly fighting for his release. I also wish to thank the team at Reprieve, who fight for people facing torture, unlawful detention and the death penalty—
Douglas McAllister
I thank the team at Reprieve for their diligent support and assistance to me and to Jagtar over the last two years. However, since the meeting with the envoy, the family have received little information about what concrete action is being taken. I hope the Minister can provide greater clarity today. Can we have a timeline for action, given that Alistair Burt was appointed to the envoy role some months ago?
This week, the Scotland Secretary, the Business Secretary and the Environment Secretary were in India on a trade mission. That is a clear illustration of the fact that our Government are developing an increasingly strong working relationship with India. Given the strength of that relationship, there is no reason why we should not be raising Jagtar’s case at every opportunity. While I understand that this week’s visit was a trade mission, and that Jagtar’s situation may be an inconvenient truth, our Government need to do everything they can at this crucial time to ensure Jagtar’s safety.
The predominant fear is that Jagtar’s release on bail could be treated as the conclusion of this case, rather than the beginning of a critical new phase. Jagtar is not out of the woods yet: the threat of further proceedings is a reality, and the threat of the death penalty remains. The uncertainty and injustice prevail. That is precisely why our Government must act now. They could have intervened when he was first detained; they did not. They could have intervened when the UN working group on arbitrary detention ruled that Jagtar was wrongfully imprisoned; they did not. They could and should have intervened when he was acquitted of all charges in the Moga district trial, but they did not.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
This unfortunately is not the first debate that I have attended on behalf of Jagtar Singh Johal, and I commend the hon. Member for bringing this issue back to the Floor of the House. I was there when the previous Minister said that it was not in Jagtar’s interests to intervene and call for his release. That was about sending a signal. In fact, one of the signals that we now want to send is the offering to Jagtar of diplomatic protection. That would be of enormous significance to Jagtar, obviously, but it would also send a very potent signal to the Indian Government. Will he join me in saying that that is exactly the sort of thing we would like to hear from the Minister when he responds?
Douglas McAllister
The right hon. Member is 100% correct: that would be a very potent signal, and I am sure that that point has not been lost on the Minister. I thank the right hon. Member for his intervention, and for his long-standing and continued support for my constituent, which is greatly appreciated.
I am not here today to point the finger of blame at anyone specifically. We must work together with the Indian Government and use our close relationship. Right now, we have the best chance we will get to bring Jagtar Singh Johal back home to his family in Dumbarton. For years, Ministers could point to the fact that Jagtar remained imprisoned, and that court proceedings were ongoing. Today, the situation is different. Jagtar is no longer behind bars. The international pressure surrounding his case is growing, and the UN has repeatedly called for action. All the allegations against Jagtar have been tested in court, and Jagtar has been acquitted, yet with the duplicate cases against him remaining, a court has essentially acknowledged that proceedings may continue indefinitely.
If there was ever a moment to intensify diplomatic efforts, it is now. This is not the time for routine engagement and simply “raising” the case with Indian counterparts; it is the time for a co-ordinated, sustained and determined effort to bring the case to a conclusion and bring Jagtar home. The Government cannot change what happened in 2017, but they can help to determine what happens next. This may well be the best opportunity we have had in years to secure a just outcome, and I urge Ministers to seize it.
Jagtar’s case is not the only case of a British national arbitrarily detained abroad. Ryan Cornelius has been imprisoned in the United Arab Emirates since 2008. The UN working group on arbitrary detention found that his detention, like Jagtar’s, was arbitrary. His original sentence was extended by a further 20 years through the retrospective application of legislation, despite serious concerns regarding due process. Similarly, Jimmy Lai, a 78-year-old British citizen in Hong Kong, has now spent more than 1,800 days in detention. He was sentenced earlier this year to a lengthy prison term on national security charges, and faces what is now essentially a death sentence. Those cases are all different, but they share a common theme. When British citizens face arbitrary detention, unfair legal proceedings or serious human rights concerns overseas, our Government may be the only institution capable of advocating effectively on their behalf.
Every year, significant numbers of British citizens report torture or mistreatment while detained abroad. In many cases, diplomats are the only link between those individuals and the outside world. Parliament has a duty to ensure that such cases remain visible, and that Ministers continue to pursue them with determination. Jagtar’s release on bail is welcome, but it is crucial to remember that this case is not over. For too long, his case has been characterised by delay, uncertainty and missed opportunities. Now more than ever, there is a genuine opportunity to move things forward. The Government should treat this moment with the urgency and seriousness it deserves. I recognise that Ministers cannot direct foreign courts, and I recognise the importance of maintaining a strong relationship with India, but friendship between nations should never prevent us from standing up for the rights of our citizens. I strongly urge the Government to seize this opportunity and make resolving this case the diplomatic priority it should be.
Jagtar Singh Johal has lost almost nine years of his life. His family have lost almost nine years with their son, brother and husband. We cannot give those years back to them, but we can ensure that nine years does not become 10 years or more. I urge the Minister to please use every diplomatic channel available, engage at the highest levels of Government, press for a swift conclusion to the remaining proceedings, and work to secure Jagtar’s safe return home to my constituency of West Dunbartonshire.
Jas Athwal (Ilford South) (Lab)
I thank my hon. Friend the Member for West Dunbartonshire (Douglas McAllister) for resolutely leading the charge in Parliament to bring British national Jagtar Singh Johal back home. Earlier this month, after almost nine long years behind bars, Jagtar finally walked out of prison and into the arms of his loved ones. After nearly a decade of anguish and uncertainty, his family could finally experience a moment of relief. It is frankly shameful that our great country has allowed a British national to languish in a foreign prison, reportedly to face torture, in what the UN has confirmed is arbitrary detention.
More shameful still is that despite this long overdue breakthrough, Jagtar’s nightmare ordeal is far from over. He may be out of jail, but he has had to surrender his passport. He remains trapped in India, thousands of miles from home, and still faces eight outstanding cases—cases that, in nine years, have yet to reach a conclusion or, in some cases, even a start. Britain has failed Jagtar, and frankly India has, too. India, which prides itself on being the world’s largest democracy, has dragged its feet for nearly a decade, failing to bring those cases to a conclusion within a reasonable timeframe, and trapping a British national on foreign soil for nine long years without conviction.
I ask two questions to the Minister—I appreciate that other Members have raised similar matters. What concrete diplomatic steps have the Government taken, and what further action will they now take to secure Jagtar’s safe return to the United Kingdom? Secondly, what does it say about Britain if we cannot secure the freedom of one of our own citizens after such a long time? Jagtar’s case is a matter of deep national humiliation. His bail must spur urgent action to bring him home; it should not become another milestone that we merely welcome before turning to the next item on the UK-India agenda, or a trade deal.
Warinder Juss (Wolverhampton West) (Lab)
I pay tribute to my hon. Friend the Member for West Dunbartonshire (Douglas McAllister) for his tireless work on behalf of Jagtar Singh Johal and his family. I know about that work, because I have had regular meetings with my hon. Friend about his constituent. I thank him for his efforts, and for the open and collaborative way in which he has always engaged with me.
In my constituency of Wolverhampton West, some 15% of the population is Sikh—one of the highest percentages in the country. Sikh and non-Sikh constituents have contacted me, deeply concerned about Jagtar’s treatment and the way that his case has been handled, and urging the Government to do more to ensure the just resolution of his case.
When I previously raised Jagtar’s case in the House, I mentioned the United Nations working group’s finding that his detention was arbitrary and his fair trial rights had been violated. The allegations of torture and the extraordinary delays in the proceedings remain deeply troubling. It appears that the rules of natural justice and the rule of law simply did not apply to Jagtar’s case.
I warmly welcome Jagtar’s release on bail. For him and his family, who have had so many setbacks, this is an immensely important step, but the conditions of his bail are still unfair. His passport has been surrendered, his freedom remains severely restricted and he cannot come home to Scotland. He continues to face allegations that could result in the death penalty. His release from prison is certainly not the end of our efforts.
Next month, it will be nine years since Jagtar was arrested on the streets of Punjab in India, but nine years later, there has not been a single conviction against Jagtar. Those are years that Jagtar and his family can never recover, and they have endured great suffering during that period. I urge the Government to use every diplomatic channel available, at the highest level, to secure a resolution of Jagtar’s case without any further delay, so that he can safely return home. Will the Minister explain what steps are being taken to achieve this? How many times have we heard in this House that justice delayed is justice denied? Jagtar Singh Johal has already had his justice delayed for far too long.
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Chris Elmore)
I am grateful to my hon. Friend the Member for West Dunbartonshire (Douglas McAllister) for securing this important debate, his continued attention to the case, and his support for Mr Johal and his whole family. He has advocated relentlessly for Mr Johal since he became the MP for West Dunbartonshire in 2024. I also thank all hon. Members who have intervened during the debate. I pay particular tribute to my hon. Friends the Members for Ilford South (Jas Athwal) and for Wolverhampton West (Warinder Juss), who made further contributions. I am grateful for all the thoughtful interventions. Most of all, I want to acknowledge Jagtar’s family, including his wife and his brother.
This case has been a matter of deep concern for successive Governments for many years. At the outset, I want to recognise the immense toll that the long-running case has taken on Mr Johal and his family. Nearly nine years in detention without a resolution to his legal proceedings has been an extraordinarily difficult experience. As we have discussed today, Mr Johal was released on bail on 1 October after almost nine years in pre-trial detention in India. This welcome development in the legal process represents an important step forward in Mr Johal’s case, after such a prolonged period of detention. As this House knows, we have consistently raised our concerns about the length of pre-trial detention and other issues, which I will come to shortly.
Since his release, officials at the British high commission in Delhi have met Mr Johal on two occasions. They will continue to provide him with consular assistance while he remains on bail, pending the conclusion of his trial. Additionally, officials at the Foreign, Commonwealth and Development Office and, as has been mentioned by my hon. Friend the Member for West Dunbartonshire, our envoy for complex consular detentions, Alistair Burt, a former and highly respected Member of this House, have maintained regular contact with the family here in the United Kingdom.
I should be clear that Mr Johal’s case is not over. While there has been progress in some respects—we welcome the progress represented by the earlier acquittal in the state court—eight cases against him remain outstanding before the Indian courts. It is crucial that those proceedings are resolved as quickly as possible within India’s independent legal system.
I have already made this point, but it bears repeating that the Government have consistently raised concerns about Mr Johal’s case with the Government of India at every opportunity. Engagement has spanned successive Governments and Ministers and has stressed our legitimate concerns regarding Mr Johal’s prolonged pre-trial detention, his very serious allegations of torture and mistreatment, and his right to a fair trial. Most recently, as my hon. Friend the Member for West Dunbartonshire has mentioned, the Foreign Secretary raised Mr Johal’s case with his Indian counterpart on 24 September during the United Nations General Assembly in New York. That sustained engagement demonstrates the importance that the Government continue to attach to this case, and our commitment to seeking a prompt and full resolution to the outstanding cases against him. At every stage, we have emphasised the need for due process, and for the legal cases to come to a resolution without delay.
As I have emphasised, Mr Johal’s release on bail does not mark the end of these prolonged proceedings. The Government share the view of Mr Johal’s family and many hon. Members that the legal cases should now move forward without continued delays. India is a sovereign democracy with an independent judiciary, and Mr Johal’s legal proceedings are a matter for the Indian courts. We have made clear to the Government of India our interest in the legal petitions put forward by Mr Johal’s defence team, and our expectation that they will be heard. We continue to raise our interest and concerns with the Government of India at every appropriate opportunity, pressing for a full and fair resolution through the courts, and that must include an investigation into his allegations of torture and mistreatment.
Let me cover some points raised by my hon. Friend the Member for West Dunbartonshire and Members from across the House on two important areas. One is around the sustained campaign on Mr Johal’s case. I assure the House that I have seen the co-ordinated effort of Ministers, including many Prime Ministers. I do not say that in jest; it is a matter of fact that we have had a number of Prime Ministers in recent times. They go all the way from former Prime Minister Boris Johnson to the most recent former Prime Minister, Keir Starmer. The case has also been raised most recently by the Foreign Secretary. I argue that a sustained and co-ordinated piece of work is being undertaken by British Ministers of successive Governments of all colours to secure a way forward for Mr Johal.
My hon. Friend the Member for West Dunbartonshire rightly challenged me, as the Minister with responsibility in this area, on the work on the UK-India trade deal. That issue was also raised by a number of my hon. Friends. I assure the House that any support or negotiations on consular matters are not connected to our work on trade deals, and we continue to raise Mr Johal’s case.
Let me conclude by reiterating that the Government remain fully engaged in Mr Johal’s case. His release on bail after nearly nine years in detention is an important and welcome moment for him and his family, but significant legal proceedings remain outstanding. As I have said, we will therefore continue to press the Government of India for a prompt, full and just resolution to Mr Johal’s cases in India’s independent legal system, and we will continue to provide consular assistance. After nine painful years, Mr Johal and his family deserve to see these long-running legal proceedings move forward, and the Government will do everything that they can to support that outcome.
Question put and agreed to.