Jagtar Singh Johal

Martin Docherty-Hughes Excerpts

Wednesday 7th September 2022 Commons Chamber

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on the Government’s actions in the case of Jagtar Singh Johal.

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Rehman Chishti)]

I am grateful to the hon. Member for asking the urgent question, and I pay tribute to his tenacious support for his constituent Mr Jagtar Singh Johal since his arrest in India in 2017. I appreciate what a difficult time this must be for Mr Johal’s family and friends. Again, I pay tribute to his Member of Parliament for all that he is doing for his constituent in these challenging circumstances.

Consular assistance to British nationals overseas is the primary public service of the Foreign, Commonwealth and Development Office and a priority for the Foreign Secretary. Since Mr Johal’s arrest over four years ago, Ministers and officials have consistently raised our concerns about his welfare and treatment directly with the Government of India. With Mr Johal’s consent, this has included raising allegations of torture and mistreatment, and his right to a fair trial. The former Prime Minister, my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) raised Mr Johal’s case with Prime Minister Modi in April. The then Foreign Secretary raised Mr Johal’s case with the Indian Minister of External Affairs, Dr Jaishankar, most recently in Delhi on 31 March. Lord Ahmad of Wimbledon, the Minister of State with responsibility for south Asia and the Commonwealth, is also in regular contact with his counterparts across the Indian Government. Since 2017, Ministers and officials have raised Mr Johal’s detention on almost 100 occasions, and they will continue to do so.

In May, the UN working group on arbitrary detention published its opinion that Mr Johal is arbitrarily detained. We take this seriously, and we are committed to doing what we can to assist Mr Johal. On 9 June, the then Foreign Secretary met the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) and Mr Johal’s brother Gurpreet to discuss this matter.

In February this year, lawyers acting for Mr Johal issued a civil litigation claim against Her Majesty’s Government in the High Court. Last month, they detailed their allegations. We must let the legal process take its course, and I will therefore not comment on this matter, in line with long-established practice, as I am sure all Members will appreciate and as you, Madam Deputy Speaker, outlined before the start of the urgent question. I can assure the hon. Member for West Dunbartonshire and the House that we will continue to do all we can to support Mr Johal and his family.

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[Martin Docherty-Hughes]

I am grateful for the Minister’s words, but my constituent had his 188th pre-trial hearing suspended today because the courts in India could not make up their mind. Perhaps we should extend our consideration to him and not just to everyone else who has been mentioned so far.

Madam Deputy Speaker, you mentioned the proceedings that have been brought. I think that it should not be outwith order to say that lawyers representing my constituent submitted a motion at the Royal Courts of Justice seeking redress after compelling evidence emerged linking the United Kingdom Government directly to his arrest and torture almost five years ago.

A case study in the Investigatory Powers Commissioner’s Office annual report in March 2020, which is in the public domain and was uncovered by the human rights group Reprieve—I and the Johal family are extremely grateful for all its work—matches entirely the specific details of Jagtar’s case, with a gut-punch of an admission that he was arrested on the basis of information provided by the intelligence services of the United Kingdom of Great Britain and Northern Ireland. This information has posed a multitude of hard questions for this Government, and especially for the new Prime Minister, the former Foreign Secretary. I am sure that we will get to hear many of them from Members present today. I am hugely grateful to the many Members who have supported this case.

Like hundreds of thousands of UK citizens of Sikh ethnicity, the Singh Johal family travel to India every year, yet now they must wonder if it is safe for them to continue to do so. They must also contend with the realisation that the horror that Jagtar went through in November 2017 of being held incommunicado for 10 days, tortured and forced into signing a blank confession, the arbitrary detention that the previous Prime Minister agreed he has faced since, and his trial by media in the Indian republic were all caused directly, at least for me, by the intervention of the state that is meant to protect him. We have a family, an MP and a House of Commons who want answers on who knew what and when.

Jagtar has a UK passport. I am afraid that is the only passport that I have, and I think it is the only one that you have, Madam Deputy Speaker. On the inside page are written the words:

“Her Britannic Majesty’s Principal Secretary of State requests and requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.”

Of all the many questions I could ask the Minister, the one I think is most important is this: do they think that their Government have stayed true to those words in the case of Jagtar Singh Johal?

[Rehman Chishti]

The first point I make to the hon. Member is that the Government’s first priority is the welfare of Mr Johal. That is the first priority of the Government, as it would be the first priority of any Government with regard to British citizens anywhere around the world.

On the hon. Member’s specific point, I return to the point I made earlier—and the point that you, Madam Deputy Speaker, made at the outset—with regard to any civil litigation and to concerns on the intelligence agencies. I cannot and I will not comment on that in this House. Since the hon. Member raised it specifically, I reiterate that Mr Johal has active civil litigation against Her Majesty’s Government on this matter. This is the issue before the court, and we must let the legal process take its course. Therefore, in line with long-established practice, I will not comment on this matter. I am sure that the hon. Member appreciates that.

Of course, the Indian Government, having listened to these proceedings, will have to take into account the views of Members of Parliament. Some 140 MPs and peers have expressed an interest in this case. Our former Prime Minister raised it with the Indian Prime Minister. Our former Foreign Secretary raised it with her counterpart, the Indian Minister of External Affairs.

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[Bob Blackman (Harrow East) (Con)]

I congratulate the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) on pursuing this case on behalf of his constituent. He has been assiduous in pursuing justice for Jagtar Singh Johal. I will come back to the plight of Jagtar Singh Johal rather than the case against the Government. I understand that he is a member of the Khalistani Liberation Force, which is a proscribed organisation in India. Indeed, at the moment he is facing up to eight charges of murder or attempted murder. Will my hon. Friend ensure that consular assistance is provided to him so that he gets a fair trial, and then we can deal with the issues that result?

[Martin Docherty-Hughes]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker]

I will take the point of order at the end.

[Rehman Chishti]

The specific question that we have before the House today looks at the welfare and treatment of a British national in India, where there are specific concerns about his welfare and treatment. The United Kingdom Government have made it clear through the number of engagements and representations that we have made—nearly 100 between officials and Ministers, including Prime Minister to Prime Minister and Foreign Secretary to Foreign Secretary—how importantly we take these concerns. My hon. Friend’s point about the accusations and allegations is that—

[Martin Docherty-Hughes]

Allegations.

[Rehman Chishti]

Allegations. If I may finish, what I would say is that the accusations and allegations that have been made with regard to the situation of a British national abroad need to be looked at fully and fairly, in line with India’s commitments to human rights, domestic law and international law. That is what we would regard for any citizen anywhere around the world.

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[Martin Docherty-Hughes]

On a point of order, Madam Deputy Speaker. Earlier, you were clear about what is not exactly a regulation of the House but advice to Members on sub judice and privilege, and that was clearly broken and taken advantage of. I do not know about Government Members, but those on the Opposition side clearly saw it as an abuse of privilege. Frankly, I do not like it when Members become spokespersons for a foreign state. Given that a Member of this House has impugned the integrity of my constituent on the Floor of the House of Commons of the United Kingdom of Great Britain and Northern Ireland, what is open to me as a constituency MP and those defending the rights of their constituents in the courts to ensure that such matters do not happen again?

[Madam Deputy Speaker]

I thank the hon. Gentleman for that point of order. I deliberately returned to the advice that I had previously given about Members exercising caution in their remarks. As I said, I cannot force people to follow that advice; it is merely advice. He has put on the record his strong view about what was said. If he wishes to pursue that in other ways, I am sure that the Clerks can advise him, but I really cannot add anything further to what I have previously said.