Detention of Jagtar Singh Johal

Philip Hollobone Excerpts

Wednesday 30th June 2021 Westminster Hall

[Mr Philip Hollobone (in the Chair)]

I remind hon. Members that there have been some changes to normal practice to support the new hybrid arrangements. Timings of debates have been amended to allow technical arrangements to be made for the debates. There will also be suspensions between debates. Members participating either physically or virtually must arrive at the start of debates in Westminster Hall. Members are expected to remain for the entire debate.

I must also remind Members participating virtually that they must leave their cameras on for the duration of the debate and that they will be visible at all times, both to each other and to those of us in the Boothroyd Room. If Members attending virtually have any technical problems, they should email the Westminster Hall Clerks’ email address, which is: westminsterhallclerks@ parliament.uk. Members attending physically should clean their spaces before they use them and as they leave the room. I also remind Members that Mr Speaker has stated that masks should be worn in Westminster Hall.

There will be a time limit in this debate, which I will advise after the Member in charge has finished speaking, but I warn Members now that it is likely to be between two and three minutes.

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

I beg to move,

That this House has considered the detention of Jagtar Singh Johal.

It is good to see you, Mr Hollobone, in the Chair and to see that so many Members have been able to join us, either physically or virtually. Members joining the debate today, either here in the Boothroyd Room or online, will be glad to hear first that I intend to keep my contribution relatively short today. I only really have one question to ask the Minister, and I think that Jagtar’s case will be best served by allowing other diverse voices from across these islands to speak on his behalf and to demonstrate to the UK Government that there will be no let-up until Jagtar is released.

Let us get to my question for the Minister, which I will ask again when I sum up: why have the UK Government deemed that Jagtar Singh Johal’s detention is not an arbitrary one? Of course, many other questions today will flow from this one and I am sure that we will hear it being asked in other guises over the next hour. But the Crown’s Minister must answer it.

I have raised the case of Jagtar Singh Johal with Ministers almost 20 times since my first point of order about it on 15 November 2017. The week after that, I first raised it at Foreign, Commonwealth and Development Office questions, when the allegation of torture was still fresh. The House of Commons was told by the then Minister of State for the Foreign and Commonwealth Office, who was responsible for consular policy, that

“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.]

That Minister is no longer in the Government—indeed, he is no longer even a member of the Conservative party. Nevertheless, when a Minister speaks from the Dispatch Box, we should be assured that their words will be believed. I still remember my own surprise that day at hearing the use of the words “extreme action”, but both the Singh Johal family and I would be content right now with a simple ruling of arbitrary detention and for the concomitant obligations to kick in.

I have spoken at length about many aspects of this case on many occasions, most notably in an Adjournment debate on the first anniversary of Jagtar’s detention on 27 November 2018. I do not intend to go over too much of that material again, but it is worth remembering how this case began.

Jagtar was a young man from Dumbarton, fresh from his wedding that week, who was enjoying his time with his new bride in Jalandhar, until suddenly a group of unidentifiable men in plain clothes leapt from a van, hit him and took him away. I am sure that we can all appreciate the terror and helplessness that his wife must have experienced in that moment—it would be unimaginable. The next few days, as Jagtar was held incommunicado, must have seemed like an eternity. Allegations of torture—and more recently, the reality of covid in an overcrowded maximum security prison half a world away—have weighed heavily on the family. I must say that their resilience in the face of this ordeal has been extraordinary.

By my reckoning, Jagtar has now been detained for 1,335 days without any substantial charges being brought in the case—that is coming up to four years. We know that the FCDO had been looking at a designation of arbitrary detention and, from conversations with Ministers of all levels, we know that they have been thinking about this for some time. This issue must surely have grown more recently. In January, we were glad of the estimation made by the charity Redress that Jagtar’s detention was an arbitrary one, and even more so when a cross-party group of 140 MPs signed a letter to the Foreign Secretary asking him to ensure that the FCDO intervenes to secure Jagtar’s release, as he himself is on record restating the policy quite recently.

Given that it is the opinion of Reprieve and Redress and their legal counsel that Jagtar’s detention is a clear breach of categories 1 to 4 of the United Nations working group on arbitrary detention’s definition, I again ask the Minister why the UK Government do not share that view. I expect the Minister to speak about many of the things that the UK Government have been doing for Jagtar, so please let me put on the record—I also do so on behalf of the family—that the work of the FCDO staff, both in post and in the prisoner policy and human rights team of the consular directorate here in London, has been immense. There has been immense support for the family and myself. They have diligently undertaken all that has been asked of them—and gone above and beyond on occasion, as I am sure they will know. I am only sorry that convention does not allow me to thank them by name.

However, these are civil servants who pursue their work through a framework established by their political masters. It would be remiss of me not to mention some of the issues that FCDO Ministers have either allowed to pass by or should immediately seek to remedy, beginning with the failure to ensure that an independent medical examination was undertaken to establish the facts around the allegations of torture made by Jagtar against the Punjabi police. There is the continuing lack of private consular visits, and the continuing reluctance of the Secretary of State specifically to meet with Jagtar’s family and myself, as his predecessor did. Finally, there is the decision of the Prime Minister not to raise Jagtar’s case with Prime Minister Modi when they last spoke virtually in April.

Taken together, these issues tell me that we have a group of FCDO civil servants who are ready and able to implement Government policy, but senior Ministers who are reluctant to escalate representations beyond simply raising them with the Indian Government officials. If they can do so with Governments of other countries where UK nationals are arbitrarily detained, why can they not do so with the Republic of India? Doing so would not be intervening in the internal affairs of the Republic of India unnecessarily. I have been clear from the start of this case that all we ask for is transparent due process and rule of law. When at least two of these elements are missing, as was so clearly demonstrated at Jagtar’s 161st pre-trial hearing today, it is my responsibility as his local MP to ask why. Neither the Singh Johal family nor myself is asking for the “extreme action” that, as I mentioned, we were promised by the UK Government at the start of this process: we are asking them only to recognise an obvious fact.

This week, Jagtar was able to speak by video call with his brother for the first time since his incarceration. He was as good as could be expected under the circumstances, but most of all he wondered when he would get to see his family again in the flesh. That was a sobering moment for me. Jagtar Singh Johal is a husband, a son, a grandson, a brother, an uncle, and a son of the Rock of Dumbarton. He is arbitrarily detained in India. Why can the United Kingdom Government not recognise that? Let us get Jaggi released: let us bring him back to Scotland and let him see his family.

[Mr Philip Hollobone (in the Chair)]

The debate will last until 5.50. I am obliged to call the Front Benchers no later than 5.27, and the guideline limits are five minutes for the Scottish National party, five minutes for Her Majesty’s Opposition, and 10 minutes for the Minister, after which the Member in charge will have three minutes to sum up the debate at the end. There are nine Back-Bench contributors. If there are no interventions during Back-Bench speeches, we can have a three-minute time limit.

[Zarah Sultana (Coventry South) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hollobone.

While in India for his wedding on 4 November 2017, British citizen Jagtar Singh Johal was shopping with his newly wedded wife when he was bound, hooded and bundled into a car by plain-clothed police officers. Leaving his wife with no explanation why he had been taken, Jagtar was taken into police custody and denied his right to see a lawyer, family members or a representative from the British high commission. Once imprisoned, Jagtar reported being tortured by police. He said crocodile clips were placed on him, with electricity fired through his body. Such was the severity of the torture that Jagtar had to be carried out of the interrogation room. To make the pain stop, Jagtar reports that he was forced to confess to the alleged conspiracies.

Why has he faced these basic violations of his rights? Prior to his arrest, Jagtar was involved in raising awareness of human rights abuses against India’s Sikh population. Human rights organisation Reprieve fears that he has been targeted for exercising freedom of expression and his right to it. It has already cost him four years in prison without trial. He has endured torture and now there is a real risk that confessions extracted through torture could be used to sentence him to the death penalty. Jagtar now languishes in prison, where mass covid-19 outbreaks have triggered calls for states to protect vulnerable prisoners.

In the face of these humans rights abuses, what have the British Government done? Rather than standing up for the rights of British nationals overseas, they have failed to follow Foreign, Commonwealth and Development Office policy to lobby for arbitrarily detained UK nationals overseas, and ignored calls from myself and 139 colleagues earlier this year to do precisely that. The Government have even failed to secure an independent medical assessment of Jagtar to judge the severity and extent of torture, and to secure private consular visits with him for over three years. The Foreign Secretary has failed to meet with Jagtar’s family and despite calls from human rights organisations to raise the issue, the Prime Minister failed to challenge Indian Prime Minister Modi on Jagtar’s detention and treatment in a meeting in April.

This is a shameful dereliction of duty, Mr Hollobone: a pattern of what is happening in India and how the British Government are failing to stand up for human rights. In recent years in India, there have been a growing number of arrests of humans rights defenders, student leaders, trade unionists, journalists, and others critical of the ruling Government. In occupied Kashmir in 2019, the Indian Government unilaterally revoked articles 370 and 35A of the Indian constitution.

[Mr Philip Hollobone (in the Chair)]

Order. I call the hon. Member for East Renfrewshire (Kirsten Oswald).

--- Later in debate ---

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

I am here because of my personal concern about Mr Johal, but also because of the scale of representation that I have received from my constituents. The Government need to recognise the truly immense worry in our own country about this case. People are concerned because they have witnessed how Mr Johal can be picked up in this way, detained and deprived of his liberty. They feel that if it can happen to him, it can happen to any one of them, especially those who have raised real fears, concerns and criticisms about the current Indian Government’s human rights practices.

Those of us with family connections to India have immense affection for the country and its people. It pains me to see the reputational damage that has been caused to India by the actions of its Government in relation to Mr Johal’s case. I just want to ask a few basic questions about where our Government go from here.

First, in the light of the failure of their representations on Mr Johal’s case so far, can the Minister explain to us the strategy the Government will now pursue for effective representations from our Government directly to the Indian Government? Secondly, can the Minister explain their strategy to co-ordinate the representations from other countries and international bodies in order to create a climate of opinion that will, hopefully, force the Indian Government to act? What is the strategy to co-ordinate the work of human rights bodies to investigate and report on the adherence or non-adherence to basic human rights standards by the Indian authorities in relation to this case? Finally, if there are continued delays, what sanctions are the Government now prepared to take—politically, diplomatically, and if necessary economically—to either secure the release of Mr Johal or at least ensure that justice is done in this case?

There is a sense of frustration now within our own communities at the failure of the Government to act decisively. That is undermining confidence that our Government will actually protect their citizens when they travel abroad. I urge the Government strongly to listen to the representations that have been made so eloquently today, which I fully agree with, and to act. For goodness’ sake, we need speedy action on this appalling case.

[Mr Philip Hollobone (in the Chair)]

The last Back Bencher, but definitely not the least, is Jim Shannon.

--- Later in debate ---

[Stephen Kinnock (Aberavon) (Lab) [V]]

It is a pleasure to serve under your chairmanship, Mr Hollobone. As the shadow Minister who has been lobbying the Government on this issue, I am grateful to the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) for securing this vital debate about his constituent Mr Jagtar Singh Johal. I also thank my hon. Friends the Members for Coventry South (Zarah Sultana), for Warwick and Leamington (Matt Western), for Coventry North West (Taiwo Owatemi) and for Slough (Mr Dhesi) and my right hon. Friend the Member for Hayes and Harlington (John McDonnell) for their important contributions.

The Labour party is deeply concerned about the Indian police’s incarceration of British citizen Jagtar Singh Johal, who has been held without trial for more than three and a half years. Although the Labour party does not involve itself in the internal matters of other countries, we will always stand up for human rights, democracy and international law everywhere, and we will always stand up for British citizens wherever we feel that their rights and freedoms are being violated. We value our country’s long-standing relationship with India, which we see as an important partner in the decades ahead on trade, security, climate change and, critically, the joint promotion of democracy, human rights and upholding international law. However, a strong relationship is worth having only if it means that each Government are able to engage frankly with the other and to challenge each other and take robust positions wherever necessary.

That brings me to the issue we are discussing, which is the deeply troubling case of a UK citizen incarcerated for more than 1,300 days without trial, and with the threat of the death penalty looming over him. Jagtar’s story is heartbreaking, as has been the experience of his wife and wider family, not least his brother, whom I have had the privilege of meeting on a number of occasions over the past year. We have all heard the facts of the case, and they are deeply disturbing for all manner of reasons. It is also worth noting that the United Nations shares our concern. On 29 January 2018, the UN working group on arbitrary detention, the special rapporteur on freedom of religion or belief, and the special rapporteur on torture sent an urgent representation to the Indian Government. It expressed concerns over the lack of detail on the factual and legal basis for Mr Johal’s arrest and detention, and it questioned the measures that are being taken by the Indian authorities to safeguard him from torture. On 9 November 2019, the United Nations working group and special rapporteurs sent an urgent representation to the Indian Government, insisting that there had been over two years of delay through an unfair legal process, and that the Indian Government must provide the right to due process, a fair trial and independent medical examination, yet there has still been no movement towards either a fair trial or Jagtar’s release.

Given the facts of the case and those UN interventions, I find it astonishing that the Foreign Secretary has refused to meet the family and that the Government Minister responsible in the other place has refused on two occasions to answer my questions on whether the case amounts to arbitrary detention—first, in a letter that I sent to him last autumn, and then in a letter in January of this year, which took the Government three months to reply to. I therefore ask the Minister today whether the Government recognise Jagtar’s incarceration as a clear case of arbitrary detention. The UN special rapporteur on extrajudicial, summary or arbitrary executions has made it 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 detainee’s country should make representations to the detaining state that the detainee should not be in detention or facing charges at all. Are the UK Government acting on that guidance? Do the UK Government intend to implement their own policy?

Three and a half years is more than enough time to gather evidence and bring a case to trial. Jagtar’s continued incarceration is a clear and obvious breach of international human rights law. He is clearly a victim of arbitrary detention and as such should be released immediately. The UK Government must also remind the Indian authorities that international human rights law prohibits the reliance on evidence that has been gathered under torture. Jagtar and his family have been through far too much already. Today is the moment for the UK Government to demonstrate that they are genuinely committed to standing up for a British citizen whose human rights are being violated.

[Mr Philip Hollobone (in the Chair)]

I would be most grateful if the Minister could conclude his remarks no later than 5.47 pm, so that the Member in charge has time to sum up the debate.