Jagtar Singh Johal

Hugh Gaffney Excerpts

Tuesday 27th November 2018 Commons Chamber

[Martin Docherty-Hughes]

The hon. Member makes a serious point of which the House must be aware. Yes, I am still of that opinion. The deputy high commissioner returned to the UK from India in recent months, and was discussing my constituent’s issue in public meetings. No invitation was extended to me as my constituent’s MP to discuss the case with the deputy high commissioner. No invitation was extended to his family—sitting in the Under Gallery today—to discuss it.

How did it come about that I and my constituent’s family got to discuss the issue with the deputy high commissioner, who has visited my constituent? I have not had that luxury. It was through the office of the hon. Member, who was aware of him being in the country. To say that that meeting was fraught, or even frosty, would, I think, be the diplomatic way of putting it. So, wholeheartedly, I cannot disagree with the hon. Member.

Although the initial contacts have been welcome—I cannot say that they have not—these issues create the consistent narrative over the past year: superficiality underpinned by an incoherent approach to consular support that should concern all of us. Whether or not the Government live up to the promise given by the then Minister of State about extreme action, I hope that when the Minister rises to respond, he will correct me if I have doubts about that.

I am glad to say that the Government have not been the only source of pressure applied to the Government of the Republic of India on Jagtar’s case. In this place, the APPG on UK Sikhs, led by the redoubtable hon. Member for Birmingham, Edgbaston, has been a great source of support for me, for the family, and for my staff—or rather my team; I do not use the word “staff”—some of whom are in the Gallery. It has been a great source of information and has done its bit to raise awareness of the story. A few of its members are in the Chamber today. I am extremely personally grateful to them.

The Sikh community across these islands make an invaluable contribution to our daily life and culture. They have also been vocal in keeping this case in the limelight. Whether it be organisations such as the Sikh Federation, or gurdwaras across these islands, I would not have been buttonholed by so many right hon. and hon. Members asking me about the case were it not for their Sikh constituents raising it repeatedly with them. I pay due tribute to those members of the Sikh community across the UK. They face some very difficult decisions about what it means to be Sikh in relation to India. There is a clear issue in how they approach return to the Punjab in relation to some of the issues we raise here today.

The Singh Johal family and I have been very grateful for the work that the charity Redress has done. Again due to the fact that the House’s business has fallen early, some of its staff and team who wanted to be here today cannot. I pay due regard to them for the work that they have done. Redress helps survivors of torture to obtain justice, and its attempts in this case have been most welcome. We heard earlier reference to the United Nations. It was Redress that sent an appeal to the United Nations special rapporteur on torture, Professor Nils Melzer, in December last year, asking the UN to ensure that the Republic of India could guarantee that Jagtar would suffer no repeat of the alleged torture of that November.

Jagtar’s case also featured in the report released earlier this year about the plight of UK nationals tortured abroad. However, it is my deep regret to say that this has not been met with any discernible reaction from the Republic of India authorities, despite the numerous examples cited in the Government-to-Government contacts, and despite my having first raised the issue with them some time ago.

In having this debate on the Floor of the House, I do not intend to disagree with the Government of the Republic of India on their sovereign right and ability to apply the laws of their republic in the way that they see fit. To do so from the Floor of a former colonial Parliament would be an affront to their dignity and the sovereignty of their citizenship. Nevertheless, my duty to my constituent is to highlight that serious charges have been laid, and I must only hope that they are tested in a manner consistent with the laws and practices of the Republic of India—that is, the rule of law and due process, some of the few things that I believe everyone in this House can support. However, I am afraid to say that those two necessary pillars of liberal democratic statehood are being sorely tested in Jagtar’s case.

Just over a month after he was arrested, and just after Foreign and Commonwealth Office officials had met with Jagtar, a story appeared on the “Times Now” website that appeared to show extensive knowledge of the case and, most disturbingly, showed a video of Jagtar confessing to several crimes—something that he obviously contends was done under duress. That has set the pattern for a series of seemingly well-informed leaks and briefings to Indian media regarding the case, which have caused great concern to those who wish to see Jagtar receive a fair trial and which have often had a sinister, if not sectarian, air.

In terms of due process, it is very important that I am not standing here—nor should any Member of any Parliament in a liberal democracy—demanding that under the rule of law a constituent is set free before trial if serious charges are being brought.

[Hugh Gaffney (Coatbridge, Chryston and Bellshill) (Lab)]

I would like to say on behalf of Scottish Labour Members that we support the Sikh community, and we support the hon. Gentleman in the work he is doing for his constituent.

[Martin Docherty-Hughes]

I thank the hon. Member for that.

The notion is quite clear. My constituent has now been in court more than 60 times. Not one witness is brought forward—no one appears—and he is then taken back to prison. I wish for him to either receive a fair, transparent trial based on due process, with charges that are properly laid, or, if there are no witnesses and no evidence, for him to be released.