Jagtar Singh Johal

Debate between Deidre Brock and John McDonnell

Thursday 19th January 2023 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I congratulate my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) on securing another debate on this issue. He has advocated relentlessly and resolutely for Jagtar since his constituent’s detainment over five long years ago. I am really pleased to hear the praise from across the House for his dogged pursuit of this case on behalf of his constituent. I also pay tribute to MPs across the House who have raised Jagtar’s case and to the tireless advocacy of campaigners and Sikh communities across these islands, including in my constituency, which is home to Edinburgh’s gurdwara.

The UK Government must recognise the strength and breadth of feeling on this issue. A Scottish and British citizen is the victim of a grave injustice. We cannot let up until Jagtar is safely home. As my hon. Friend the Member for West Dunbartonshire noted, the UN has confirmed that Jagtar has been detained arbitrarily with no legal basis or justification and recommended that the appropriate remedy would be his immediate release. Transparency, due process and the rule of law have been absent in this case. That is a view held by the UN as well as various legal experts.

My hon. Friend eloquently cited the Indian constitution and appealed to the Indian Government to live up to its ideals. I sincerely hope that they will heed his call. He asked the Minister a straightforward question: will the UK Government call for the release of Jagtar, as they have done for other UK citizens arbitrarily detained? The former Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) stated that was his view, and it would be good to hear whether that was the official FCDO position, too.

[John McDonnell (Hayes and Harlington) (Lab)]

Many of the representations I have received from constituents share my view, which is respect for India and its independent Government, respect for its constitution, and a natural concern about any form of terrorism in India or anywhere else, which has to be tackled. The concern that my constituents have expressed time and again—I have also related it in the Chamber before—is the lack of openness and transparency in the whole process. Just to add to what the hon. Member for Harrow East (Bob Blackman) has said, from the earliest stage most were simply asking for adherence to due process. That clearly has not been the case, and that is why there is such concern around this case. The concern also relates to the openness and transparency of our own Government and their involvement in this case, too. The appeal today is for openness, transparency and due process, and I think that would result in the release of Jagtar immediately.

[Deidre Brock]

Perfectly put. I commend the right hon. Member for that contribution and agree with him. I have to say I was disappointed by the contribution of the hon. Member for Harrow East (Bob Blackman). As my hon. Friend the Member for East Dunbartonshire (Amy Callaghan) said, I think he has rather missed the point of today’s debate, so I will focus on those parts of his contribution that I agreed with.

The hon. Member said that justice delayed is justice denied, and I agree with that. He said that keeping Jagtar in prison without pressing charges is unfair and unjust, and he has acknowledged that Jagtar’s friends and family continue to be deeply concerned about his welfare. I also welcome the fact that he asked for assurance from the Minister about whether Jagtar has had appropriate legal representation and the part that the high commissioner has been playing in all this.

Jagtar, his family and everyone campaigning for his release deserve an explanation as to why the Government have failed to implement their policy to seek the release of arbitrarily detained British citizens. Jagtar, as has been mentioned numerous times, has been detained for more than five years, and only one of the nine cases against him has proceeded in that time. The Government’s current approach is simply not working.

The Government are of course categorically opposed to abuses such as torture and the death sentence, so surely it is in their interest to take swift remedial action and secure Jagtar’s immediate release. Indeed, the UN special rapporteur on executions has made clear that in death penalty cases, where the detainee is detained on spurious grounds as a political statement or in circumstances of clear human rights violations, the home country should be making representations to the detaining state. The UK, it appears to me and many others, is failing in its duty to one of its own citizens by not doing so.

It should be highlighted again that in August last year, Jagtar’s legal team, along with human rights organisations Reprieve and Redress, uncovered evidence suggesting that British intelligence agencies may have contributed to Jagtar’s detention and torture by sharing intelligence with the Indian authorities. I believe a claim has been lodged in the High Court against the FCDO and the Home Office alleging unlawful sharing of information where there was a risk of torture. Rather than forcing Jagtar and his family to go through a long court process, the Government should acknowledge their role in his mistreatment and provide an apology to him and his family for the harm he has suffered.

Jagtar has bravely highlighted human rights abuses against India’s Sikh population and has sought accountability for historical anti-Sikh pogroms. For that, he has endured the unimaginable trauma of being abducted in front of his wife, just three weeks after their wedding, and then being tortured into giving a false confession. It has been more than five years since the UK Government promised to prioritise Jagtar’s case and take extreme action in the event of his torture. When will the Government make good on these promises? Will Ministers finally engage with the Indian Government to secure his release? I look forward to the Minister’s contribution.