Detention of Jagtar Singh Johal

Kirsten Oswald Excerpts

Wednesday 30th June 2021 Westminster Hall

[Kirsten Oswald (East Renfrewshire) (SNP)]

It is a pleasure to serve under your chairship, Mr Hollobone. I commend my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) for securing this important debate and for his tireless efforts.

Many residents in my constituency are deeply concerned about Jagtar’s continued detention. As vice-chair of the all-party parliamentary group on British Sikhs, I know the ongoing work that that group has done. In a previous Parliament, I spent an extraordinary amount of time lobbying for the release of my constituent Billy Irving, wrongly detained for years in an Indian jail. I know the horrendous impact of that ordeal on his family and can imagine that the impact on Jagtar Singh Johal’s family is similarly huge.

Let us remember that Jagtar was taken from the street where he was walking with his new wife, who was not even given an explanation for her husband’s detention. They had just got married and were looking forward to their future home in Scotland. Even more concerning now is the analysis by his legal counsel in India confirming that he faces a possible death sentence on at least three of the charges levelled against him. Forced confession, allegedly extracted through torture, is the primary evidence on which these death penalty charges are based, so his fair trial rights have been gravely violated and detention is clearly arbitrary. Despite the fact that the UK Government’s policy is to lobby for the release of arbitrarily detained British nationals overseas, the Foreign Secretary has not yet done so in Jagtar’s case. I would like to hear from the Minister why the UK Government have failed to implement their own policy on arbitrarily detained British citizens.

Of course, we are looking at all this through a particular prism, because covid puts an urgent complexion on everything. I can only imagine the anxiety that Jagtar and his family face knowing that he is so far from them—with covid rife and them unable to do a thing to keep him safe. He is in a horrifically overcrowded prison. Even though the state government has recognised the challenges that covid is causing and recently sanctioned the emergency release of thousands of prisoners—even those accused of murder—Jagtar was not included and remains incarcerated.

I applaud all the efforts of the family and of the all-party parliamentary group on British Sikhs, and I applaud the sterling work of Sikhs in Scotland and, of course, my hon. Friend the Member for West Dunbartonshire and others who have been working on this issue. So much effort has been expended, but what we really need is action in India. For that to happen, we urgently need this UK Government to take these issues on board, to listen and to act. I look forward to hearing what the Minister has to say.

--- Later in debate ---

[Nigel Adams]

The Government take all allegations of human rights violations extremely seriously, and we raise concerns with the authorities on the ground where appropriate. The assistance we provide is assessed on a case-by-case basis, and it entirely depends on the circumstances of the case. It is for this reason that we have persistently advocated for Mr Johal’s welfare. We have raised his case regularly at the highest levels and with the Indian Government.

[Kirsten Oswald]

Will the Minister give way?

[Nigel Adams]

I will take one more intervention. I am just conscious that I am supposed to finish in three minutes’ time, but I think there is no chance of that now.

[Kirsten Oswald]

I am very grateful to the Minister for taking my intervention. May I go back to the point that has just been made? He was asked whether the UK Government accept that this is an arbitrary detention. If not, what is it about the situation that they do not agree with? That is what we need to hear from the Minister.

[Nigel Adams]

As I said, the action we take in a consular case in relation to allegations of arbitrary detention is tailored to individual circumstances and situations, and what we judge to be the most effective in each case. Although the FCDO cannot investigate allegations of human rights abuses overseas, we have carefully considered all available information on the arbitrary detention allegations, including the Reprieve determination. We will continue to raise concerns regarding human rights directly with the Indian authority as we judge them to be effective and appropriate in Mr Johal’s case.

If I may, in the couple of minutes that I have left, I will move on. We have persistently advocated for Mr Johal’s welfare. We have raised his torture allegations and his right to a fair trial with the Government of India on more than 70 occasions since his arrest. Most recently, the Foreign Secretary raised the case with the Indian Minister of External Affairs on 6 May, and Lord Ahmad, the Minister for South Asia and the Commonwealth, with the high commissioner on 8 June. The previous Prime Minister, the Home Secretary and the International Trade Secretary have all raised Mr Johal’s case at appropriate opportunities during his detention. I further assure right hon. and hon. Members that we have thoroughly considered concerns regarding arbitrary detention and the death penalty in this case.

The Government take all allegations of violations of human rights seriously. We raise them with the local authorities where appropriate. We also cover welfare issues. In Mr Johal’s case, in-person visits to prisons in India, which hon. Members referred to, are restricted due to the pandemic, but we have replaced them with phone calls. We most recently spoke to Mr Johal on 11 May. We will continue to pursue regular welfare visits with the authorities for as long as he remains in prison. We appreciate that his family have suffered considerable distress throughout his detention. The high commissioner to India most recently met Mr Johal’s brother Gurpreet on 30 April.

A question was raised about trade and human rights. It is clear that the relationship with India is important and is based on trust and collaboration. It is important that human rights and complex consular cases form part of our dialogue. As such, the 2030 road map for India-UK future relations, agreed in April by our two Prime Ministers, includes a commitment to promote closer co-operation in consular matters and to resolve long-running or complex consular cases.

I recognise that this remains an extremely difficult time for Mr Johal and his family. I assure the hon. Member for West Dunbartonshire, to whom I will now give the Floor, and Mr Johal’s family that we will continue to do all that we can to support Mr Johal and to ensure that he is treated in accordance with Indian and international law. His case remains a priority for the UK Government, and it must be resolved in line with due process and without unreasonable delay.