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Jagtar Singh Johal
07 September 2022
Lead MP
Rehman Chishti
Debate Type
Ministerial Statement
Tags
Foreign AffairsParliamentary Procedure
Other Contributors: 29
At a Glance
Rehman Chishti raised concerns about jagtar singh johal in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
The Minister acknowledged the urgent question posed by Martin Docherty-Hughes regarding Jagtar Singh Johal's case. He emphasised that consular assistance to British nationals overseas is a priority for the Foreign, Commonwealth and Development Office. Since Mr Johal’s arrest in 2017, Ministers have raised concerns about his welfare and treatment over almost 100 occasions with Indian authorities. The former Prime Minister Boris Johnson and the Foreign Secretary also raised the case directly with the Indian Government. In May, the UN working group on arbitrary detention declared that Mr Johal is arbitrarily detained. The minister stated that they will continue to support Mr Johal and his family.
Martin Docherty
Lab
West Dunbartonshire
Question
The MP questioned why Mr Johal’s 188th pre-trial hearing was suspended and reiterated the allegations against UK intelligence services. He expressed concern over whether the Government has stayed true to its duty to protect British citizens in this case.
Minister reply
The Minister stated that the welfare of Mr Johal is the Government's priority but, due to ongoing legal proceedings, he cannot comment further on specific allegations or civil litigation against the Government. He reiterated the Government’s commitment to continuing support for Mr Johal.
David Davis
Con
Goole and Pocklington
Question
The MP highlighted previous cases of British complicity in torture, including a precedent set by Theresa May's government. He urged the Government to review their involvement in such practices and promised future prevention.
Minister reply
The Minister acknowledged that there are allegations in this case but emphasised that these must go through legal proceedings at the High Court. He stated that there is a separation of power between the Executive, judiciary, and legislature which necessitates adherence to legal processes.
Catherine West
Lab
Hornsey and Friern Barnet
Question
The shadow minister raised concerns over allegations of potential collusion between the British intelligence service and Indian authorities in the arbitrary detention of Mr Jagtar Singh Johal. She urged clarification on whether former Prime Minister Boris Johnson authorised sharing of intelligence with India during his tenure as Foreign Secretary, requested an immediate meeting between the new Foreign Secretary and Mr Johal’s family, questioned the absence of human rights clauses in the current free trade agreement with India, and sought urgent action for other British nationals facing similar issues abroad.
Minister reply
The Minister emphasised that allegations must be investigated thoroughly by the High Court. He stated that the UK Government respects checks and balances involving intelligence agencies, including the Intelligence and Security Committee. The Minister clarified that trade agreements do not compromise human rights commitments. He agreed to convey specific case concerns to appropriate officials.
Bob Blackman
Con
Harrow East
Question
The MP congratulated his colleague for pursuing the case of Jagtar Singh Johal and raised questions regarding consular assistance and fair trial provisions. He asked whether Mr Johal, a member of a proscribed organisation in India, would receive consular assistance for a fair trial.
Minister reply
The Minister stated that the UK Government has engaged nearly 100 times with Indian authorities on this case, including through high-level diplomatic meetings between Prime Ministers and Foreign Secretaries. He emphasised the importance of ensuring Mr Johal receives a fair trial.
Stuart McDonald
Lab
Question
The MP echoed previous statements about Mr Johal's case, asking if the Government will call for his release and ensure a full statement to Parliament after legal proceedings. He also raised concerns over whistleblower protections and damages in relation to security services' actions.
Minister reply
The Minister confirmed that the UK has taken seriously the UN working group’s opinion on Mr Johal's case, but cannot comment further due to ongoing civil litigation. The approach to each individual case is tailored according to its specific circumstances.
Flick Drummond
Con
Question
The MP inquired about the UK’s continued commitment to discussing human rights and rule of law with India as part of their partnership, particularly regarding future trade deals.
Minister reply
The Minister confirmed that discussions on human rights and the rule of law will continue to be a part of the UK's partnership with India.
Tan Dhesi
Lab
Slough
Question
The MP questioned whether former Prime Minister Boris Johnson, during his tenure as Foreign Secretary, signed off on intelligence sharing that led to Mr Johal’s arrest and detention in India.
Minister reply
The Minister stated that the matter is before the High Court and that he cannot comment due to separation of powers principles.
Dan Jarvis
Lab
Barnsley North
Question
The MP paid tribute to his colleague’s efforts in pursuing Mr Johal's release and asked for assurance that the new Prime Minister will raise this matter with her Indian counterpart at the earliest opportunity.
Minister reply
The Minister stated that the case has been previously raised by high-level officials and conveyed that the issue would be brought back to the Prime Minister’s office.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Question
The Minister may wish to reflect on the fact that the purpose of the sub judice rule is the protection of proceedings in court; it is not for Ministers to hide behind. The Minister is clearly not going to answer the questions about the ministerial sign-off today, but can he, in fulfilment of his duties to this House, tell us whether or not that information is held within Government?
Minister reply
The right hon. Gentleman asks what specific information is held about what was said, and I would say to him that there is a case going on at the High Court. Subject to what Madam Deputy Speaker—or Mr Speaker—says, after that case has been held at the High Court and the determination has been made, he would be within his rights to ask an urgent question on the Floor of the House. However, speculating at this point in time about what information may or may not be held is not the right thing to do. The top priority for me and this Government is to do everything we can to support Mr Johal and his welfare.
Valerie Vaz
Lab
Walsall and Bloxwich
Question
Can I just tell the Minister that there is a separation of powers, but it is our job to hold him to account—we ask him questions—and it is for judges to decide on the case? If they are civil proceedings, they are in open court, so everybody can go along and hear the case. I have a very simple question. Mr Jagtar Singh Johal is a British citizen. Has he received consular assistance, and if so, when?
Minister reply
On the second point about consular assistance, the question that the hon. Member for West Dunbartonshire asked was about the proceedings that were to take place in court today. They did not take place because the Indian authorities did not put forward the papers for the prosecution. British officials were at that hearing today. We have been very supportive of Mr Johal, with consular support as well as the support through Ministers meeting his family here in the United Kingdom.
Question
I have three Sikh gurdwaras in my constituency: the Central Gurdwara, Singh Saba; the Guru Granth Sahib in Pollokshields; and the Shri Guru Tegh Bahadur, which is also in Pollokshields. Those in the Sikh community in Glasgow are deeply concerned for Jagtar Singh Johal, and they send their solidarity to him and his family. They are also deeply worried about any trip that they may be making to India, so can I ask the Minister what possible reassurance he can offer them?
Minister reply
I, too, have a Sikh community in my constituency, at the Byron Road gurdwara and the Franklin Road gurdwara, and absolutely, I think the point I would make on that is that the United Kingdom’s top priority is the welfare of its citizens abroad. On that basis, we will do everything we can to support our citizens abroad.
Seema Malhotra
Lab Co-op
Feltham and Heston
Question
I have been contacted by many of my constituents, from all backgrounds, who are concerned about the welfare and continued detention of Jagtar Singh Johal. The UN has confirmed that this is an arbitrary detention, with the working group on arbitrary detention calling for his immediate release. If it is Foreign Office policy to call for the release of arbitrarily detained British nationals, have the Government done so in this case, and if not, why not?
Minister reply
On arbitrary detention and the specific point about release I will again give the answer I gave earlier: the focus of these cases is always to work in the best interests of the individuals concerned. There is no blanket approach to these cases, and they are tailored to specific individuals. I am sure that the new Prime Minister and Foreign Secretary will want to review this case as a priority, which goes to the point about determination of arbitrary detention in that regard.
Stephen Timms
Lab
East Ham
Question
The policy on intelligence sharing with overseas intelligence agencies is covered by a document called “The Principles”. At the moment there is a loophole in that, which allows Ministers to authorise tip-offs leading to torture, contrary to UK and international law. Will the Minister ensure that that loophole is removed, so that it is absolutely clear that Ministers must not authorise tip-offs leading to torture?
Minister reply
If the right hon. Gentleman would write to me in detail on that specific point, I can ask officials to look into it and come back to him on that technicality.
Question
Since his arbitrary detention by Indian authorities, Jagtar Singh Johal has been represented—I use that word loosely—by three Prime Ministers and five Foreign Secretaries, none of whom has managed to secure his release. Jagtar has been tortured into signing a false confession, denied proper access to a lawyer, and potentially faces the death penalty. Will the Minister, and the newly appointed Foreign Secretary, make Jagtar’s release an immediate priority? Will the Minister commit today to further ministerial statements on this matter? It does feel like he is hiding behind a smokescreen.
Minister reply
This case is a priority for the United Kingdom Government, and it will be a priority for the Foreign Secretary and Prime Minister. The Prime Minister raised the issue directly with her counterpart in India when she was Foreign Secretary, so yes, it is a priority for the United Kingdom Government.
Sarah Champion
Lab
Rotherham
Question
I need to push the Minister on a specific point. The outgoing Prime Minister accepted that Jagtar Singh Johal has been arbitrarily detained. The Minister says that the Foreign Office does not have a blanket approach, but that is not correct. It has always been Foreign Office policy to call for the release of arbitrarily detained British nationals, yet the Government have not done so in this case. Will the Minister explain why the Government have not acted in line with their own policy, and will he commit to seeking Jagtar’s urgent release and return to the UK?
Minister reply
The hon. Lady is correct to say that the former Prime Minister made a determination on arbitrary detention, and the United Nations working group on arbitrary detention has issued its opinion about Mr Johal. That is the point—the new Foreign Secretary and new Prime Minister will have to make a determination for themselves on this matter. The hon. Lady asked about the former Prime Minister, and that was his opinion. The new Prime Minister and Foreign Secretary will need to come to their own opinion on this matter.
Question
I welcome the Minister to his place. The crux of the matter is that whether or not this issue is before a civil court is the prerogative of the Government. They can pull that and deal with the real issues and concerns of the family of somebody who has been tortured in an Indian prison since 2017. We want the Minister to do what we would expect for a British citizen, and for the Government to deal with the issue and bring Mr Johal back home to his family.
Minister reply
The hon. Gentleman is absolutely right to say that we should do everything we can to support Mr Johal and his family. That is why there have been nearly 100 forms of communication between officials and Ministers and their Indian counterparts about Mr Johal’s case. It is a top priority for us, and we will do all we can to support him and his family.
Question
I congratulate my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) on securing this urgent question. Many people will think that the fact that negotiations on a free trade deal with India are going on at the same time as a UK national faces the death penalty is simply grotesque. Will the Minister confirm that negotiations on any free trade deal with India will cease until Mr Johal returns home?
Minister reply
We will not pursue trade to the exclusion of human rights, and we regard both as an important part of a deep, mature, and wide-ranging relationship with our international trading partners. More specifically, the United Kingdom is very clear that we are opposed to the death penalty.
Debbie Abrahams
Lab
Oldham East and Saddleworth
Question
This is a real test for the new Government: do they agree with universal human rights and a rules-based system, or not? If they do, they must demand that Mr Johal is immediately released and returned to this country.
Minister reply
On the first point about the Government’s commitment to an international rules-based system, the answer is yes, as it is for the United Kingdom Government’s commitment to open societies and human rights. I have previously given an answer on the specific point about arbitrary detention and the issue of release.
Question
The blunt arbitrary detention without trial of Jagtar Singh Johal would be a disgrace even if he were not being tortured and abused, especially as it seems that he is a British citizen. Will the new Foreign Secretary and Prime Minister make absolutely clear to the Indian authorities that if they think they have substantial evidence against Mr Johal, as alleged by the hon. Member for Harrow East (Bob Blackman), they should bring him to an open court straightaway for a fair trial? If, as is much more likely, they do not have such evidence, Mr Johal should be freed from prison at once, and allowed to return to his family in the United Kingdom.
Minister reply
This case is a top priority for the United Kingdom Government, the Foreign Secretary and the Prime Minister, and I will ensure that everything is done to ensure that Mr Johal’s case is dealt with as quickly and swiftly as it can be.
Question
I am grateful to my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) for his persistence in this case. That is doubly important because it sounds as if the Minister is somewhat rowing back and hiding behind proceedings today. That is wholly unacceptable. My constituents who often travel to India, and constituents across Scotland and the UK, will be looking at this case with deep concern. What will the Minister do to move this forward and ensure that we accept this as a case of arbitrary detention? How can he reassure those who come and go from India that the UK Government will not simply abandon them on a whim, as they have Jagtar?
Minister reply
The hon. Lady says that I might be hiding behind procedure, but she knows me as a parliamentarian for 12 years, and I have previously stepped aside from the Government on matters of principle. In this case, the Government are doing all they can to support Mr Johal, and this is a top priority for his family and the United Kingdom Government. The matter has previously been looked at from Foreign Secretary to Foreign Secretary, and from Prime Minister to Prime Minister. I know Lord Ahmad, who covers that part of the world, has been looking at this case consistently with his counterparts in India, and the matter is a top priority for the Government.
Erith and Thamesmead
Question
The MP is concerned about Jagtar's detention and torture following a tip-off by MI5. She urges the Minister to clarify whether a review has taken place, and what steps the Government have taken.
Minister reply
The minister responded that he worked tirelessly to help release individuals who were persecuted for their faith when he was the British envoy for religious freedom. He stated that the matter is before the High Court dealing with accusations regarding shared information.
Question
Asks if there are notes from meetings where the Foreign Secretary and Prime Minister raised Jagtar’s case with Mr Modi, and requests these be put in the House of Commons Library.
Minister reply
The minister states that any specific notes will be dealt with according to procedure.
Question
Asks if Jagtar would not face extradition from the UK due to a death sentence threat and why he faces such punishment in India.
Minister reply
The minister asks for time to provide a full answer, as he did not hear the question clearly.
Mohammad Yasin
Lab
Bedford
Question
Asks if the UK Government will acknowledge and apologise for any role in Jagtar’s detention and secure his release.
Minister reply
The minister confirms that the Government have met with Mr Johal's brother seven times, and are committed to supporting Mr Johal.
Question
Asks if the Government understand the damage caused to Sikh community trust by failing to achieve justice for Jagtar.
Minister reply
The minister acknowledges the Sikh community's contribution and states that while this is a specific case, the UK Government will support Mr Johal.
Matt Western
Lab
Warwick and Leamington
Question
Congratulates his fellow MP on his stance, expresses concern about Jagtar’s situation and asks for reports on Morad Tahbaz and Alaa Abd El-Fattah in the Library.
Minister reply
The minister agrees to ask officials to publish information on these specific cases.
Taiwo Owatemi
Lab
Coventry North West
Question
Hopes that Jagtar’s case is taken seriously and reassures constituents that his freedom will not be up for negotiation.
Minister reply
The minister invites the MP to write about her specific constituency case, ensuring Ministers look at those points.
Jim Shannon
DUP
Strangford
Question
Asks if action must be taken immediately to bring Jagtar back home and states that British passport holders should be a Government priority.
Minister reply
The minister pays tribute to the MP’s work on freedom of religion or belief and mentions that the UN working group has given India until 2 November to respond.
Shadow Comment
Martin Docherty
Shadow Comment
The shadow Minister criticised the lack of action despite numerous hearings in India, pointing out a civil litigation claim against Her Majesty’s Government alleging direct involvement in Jagtar's arrest and torture. He mentioned a case study by the Investigatory Powers Commissioner’s Office that links UK intelligence services to Mr Johal's detention. The MP expressed concern about the safety of Sikh families who travel between the UK and India, and questioned if the British Government has upheld their duty to protect Jagtar Singh Johal.
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