Jagtar Singh Johal

Debate between Martin Docherty-Hughes and Tanmanjeet Singh Dhesi

Thursday 19th January 2023 Commons Chamber

[Martin Docherty-Hughes]

That matter is about to go before the courts, Madam Deputy Speaker, but let me say that that type of approach by previous UK Governments is not unknown. I hope that the courts will recognise that we need further information on the involvement of the British Government in the arbitrary detention of my constituent and his possible torture.

As I said, the UK Government are not the only relevant party. The Government of the Republic of India, their judiciary and their police forces are the ones who continue to hold my constituent in a fashion that is consistent with arbitrary detention. I would like them to watch this debate and recognise that this has not escaped international attention and nor will it do so.

Last May, when the UN Working Group on Arbitrary Detention submitted a report on the case, it could not have been clearer. It said:

“Mr Johal’s arrest and detention are arbitrary…as there is a lack of legal basis or justification, and amount to unlawful abduction, incommunicado detention and unreasonable pretrial detention.”

It continues that

“none of the domestic or international law requirements was complied with during Mr Johal’s arrest. Mr Johal was bound, hooded and taken by unidentified police officers. During that time, Mr Johal was never informed that he was being arrested, nor was a family member with him. Under Article 21 of the Constitution of India, no person is to be deprived of life or personal liberty except according to procedure established by law.”

We subsequently heard last year, following the excellent work of the charity Reprieve, that this arrest was almost certainly the result of intelligence shared by the British Government. There is, of course, as mentioned by my hon. Friend the Member for Coatbridge, Chryston and Bellshill (Steven Bonnar), an ongoing legal case. I hope we will one day be able to establish the circumstances that set this terrible personal tragedy into motion, although it would save the family the stress of the court process if the UK Government were to be up-front about their role in the case as soon as possible—but I am afraid I do not think that will happen.

We are here one week before 26 January, when India celebrates Republic Day and marks the 73rd anniversary of the constitution’s coming into force, effectively heralding the culmination of a long and often bloody struggle to create the modern Indian state out of the unjust and rapacious reality of British colonial rule. Standing in this Chamber, within this Palace constructed partially with the proceeds of the wealth extracted from India during the colonial period, every one of us must be mindful of so much when addressing the actions of the Indian Government, as I hope I have always been when referring to this case.

The Republic of India is a great state—indeed, it is more than that; it is a great civilisation. During my Adjournment debate in November 2018, I ended with an appeal that,

“transparency, due process and the rule of law”—[Official Report, 27 November 2018; Vol. 650, c. 222.]

be upheld in this case. The course of time has certainly not altered those sentiments, but it allows us to reflect on whether they have been upheld. I am afraid that not only do I, the majority of hon. Members present, the Johal family and countless legal experts hold the view that transparency, due process and the rule of law have not been upheld in Jagtar’s case, but so does the United Nations.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I congratulate the hon. Gentleman on once more securing a debate on behalf of his constituent Jagtar Singh Johal. This is a matter I have raised on numerous occasions on behalf of many concerned Slough constituents. Does he agree that, since the UN working group on arbitrary detention issued an opinion finding that Jagtar “was subjected to torture” and that his detention was based on “discriminatory grounds”, it is incumbent on the Foreign Office to issue Jagtar’s family and legal team with all the consular support and advice required in their fight to get him released and see justice delivered?

[Martin Docherty-Hughes]

I am grateful to the hon. Gentleman, who is another doughty campaigner for my constituent and works closely with me. I do not disagree, but I must put on record that, in difficult times, the consular teams have stepped up to the plate in many ways and have worked tirelessly to assist the family. The difficulty is political leadership.

Jagtar Singh Johal

Debate between Martin Docherty-Hughes and Tanmanjeet Singh Dhesi

Tuesday 27th November 2018 Commons Chamber

[Martin Docherty-Hughes]

I thank the hon. Gentleman for his intervention and am sure he will know that I will not disagree.

It was extremely important to set my constituent’s predicament in context and to relate it to the House. It is also important to note that Jagtar’s letter is clear—some would say it is in unemotional language—despite the horror that he must have experienced. It is available to the state authorities of the Republic of India to investigate, should they ever wish to.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I thank the hon. Gentleman for his excellent leadership on this issue on behalf of his constituent. Does he agree that from the outset we have been asking for a fair and due process—for unhindered legal access, unhindered consular access, and an independent medical examination and investigation, which has not happened thus far? We have also asked for answers from Ministers on behalf of the hon. Gentleman’s constituent, but unfortunately they have not been forthcoming, either.

[Martin Docherty-Hughes]

I certainly will not disagree with the hon. Gentleman. I am sure that in the rest of my speech I will answer every element of his questions prejinctly and precisely, and I will not disagree with him.

The UK high commission in Chandigarh was initially made aware of Jagtar’s detention on 6 November 2017. It first attempted to visit him on 10 November, although I must make it clear to everyone in the House that that authority was refused by the state authorities. I first raised the issue via a point of order on the Floor of this very House on 15 November that year—the day before Foreign and Commonwealth Office officials were granted access.

It is important to set out the process and the narrative—the historical reality, even over the short period of a year. The Tuesday after officials were granted access, Jagtar’s brother Gurpreet was in the Public Gallery for Foreign Office questions and heard me ask about the case. Like me, he was encouraged at that point to hear the response from the then Minister of State, the hon. Member for Penrith and The Border (Rory Stewart), who said:

“We take any allegation of torture seriously, as, indeed, do the Indian Government. It is completely unconstitutional and offensive to the British Government. We will work very closely to investigate the matter and will, of course, take extreme action if a British citizen is being tortured.”—[Official Report, 21 November 2017; Vol. 631, c. 858.]

Those were strong words that the family and myself appreciated. I will ask again at the end of my speech, but will the Minister today enlighten us as to what that extreme action was and what the Government’s investigations concluded? We should also note that the then Minister was of course removed with due haste.