Commons Sense

House of Commons · Westminster Hall

Detention of Jagtar Singh Johal

30 June 2021 · 12 other contributors · 9,097 words

Opened by Martin Docherty SNP West Dunbartonshire

Responding minister: Nigel Adams

ImmigrationForeign AffairsNHS

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Martin Docherty raised concerns about detention of jagtar singh johal in Westminster Hall. A government minister responded.

Key points

  • UK Government does not have a legal duty to provide care for British nationals abroad unless the host country complies with international law.
  • The Foreign, Commonwealth and Development Office prioritizes welfare for detained UK nationals and raises concerns about mistreatment or torture if allegations are made.
  • Over 69 representations have been made by officials and ministers to the Indian Government since Jagtar Singh Johal's arrest in 2017.

Key requests to Government

The MP asks why the UK Government does not deem Jagtar Singh Johal's detention as an arbitrary one, despite evidence suggesting otherwise. The MP also inquires about the failure to ensure an independent medical examination and the lack of private consular visits.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Martin Docherty SNP West Dunbartonshire

The MP is concerned about the prolonged detention of Jagtar Singh Johal for 1,335 days without substantial charges. The case began when Jagtar was taken by unidentified men in Jalandhar, and allegations of torture have since surfaced. The family has faced immense pressure, including the impact of COVID-19 in an overcrowded prison. Reprieve and Redress assert that Jagtar's detention is a clear breach of categories 1 to 4 of the United Nations working group on arbitrary detention's definition.

Other contributors (12)
  • Alistair Carmichael Lib Dem Orkney and Shetland

    Mr Carmichael highlighted concerns over a briefing note circulated by the Indian Government, suggesting it lacked respect for the independence of their criminal justice system. He argued that Jagtar Singh Johal's detention is arbitrary and falls under categories 1-4 of UN guidance on arbitrary detention. Mr Carmichael urged the Minister to explain any differences in legal advice regarding Jagtar's case. Questioned why, if arbitrary detention is acknowledged, there hasn't been intervention from the UK Government.

  • Claudia Webbe

    The MP detailed Jagtar Singh Johal's torture and arbitrary detention in India, emphasising that he faces a death sentence based on trumped-up political charges. She urged the Government to implement its policy of seeking release for arbitrarily detained UK nationals and questioned whether Jagtar's case was raised during meetings between British and Indian leaders.

  • Hannah Bardell SNP Livingston

    She expressed deep sympathies to Jagtar Singh Johal's family and praised Martin Docherty-Hughes for securing the debate. She highlighted the lack of support from the UK Government, stating that British citizens abroad feel let down by the Foreign, Commonwealth and Development Office. Bardell called for a legal right to consular assistance and criticised the government for prioritising trade deals over human rights.

  • Jim Shannon DUP Strangford

    Jim Shannon highlighted the human rights violation against Jagtar Singh Johal, a British national detained in India. He criticised the treatment of Mr Johal, including torture and forced confessions, urging the FCDO to meet with his family and ensure their safety amidst the coronavirus outbreak in Tihar prison. Shannon also questioned why the Indian Government is ignoring international legal obligations regarding torture despite no evidence of wrongdoing.

  • John Martin McDonnell Lab Hayes and Harlington

    John Martin McDonnell raised concerns about Jagtar Singh Johal's case, noting a significant level of concern among his constituents. He questioned the Government on their strategy for effective representations to the Indian Government, co-ordination with other countries and international bodies, and potential sanctions if delays continue.

  • Kirsten Oswald

    The MP expressed concern about Jagtar Singh Johal's detention and highlighted the impact on his family. She noted that despite UK Government policy, there has been no lobbying for Jagtar's release. She also emphasised the urgent need for action due to the risks posed by the pandemic in overcrowded prisons.

  • Matt Western Lab Warwick and Leamington

    Mr Western expressed anger over Jagtar Singh Johal's treatment, noting that his family has not heard from him since his detention in India. He criticised the UK Government for failing to demand Jagtar's release despite being a British citizen, blaming them for neglecting humanitarian responsibilities while pursuing trade deals. Asked if the specific allegation of petrol being poured in Mr Johal's cell has been raised with Indian authorities by anyone in the Foreign Office.

  • Philip Hollobone Con Kettering

    Reminded Members of changes to debate procedures, including timing adjustments and camera requirements for virtual attendees. Advised that the debate will last until 5:50 PM with specific time limits for contributions.

  • Stephen Kinnock Lab Aberavon Maesteg

    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. The UN special rapporteur on arbitrary detention expressed concerns over the lack of detail on the factual and legal basis for Mr Johal's arrest and detention.

  • Taiwo Owatemi Lab Coventry North West

    The MP expressed concern about the detention of Jagtar Singh Johal and similar cases in Coventry. She highlighted that two brothers from her constituency were arrested during raids, causing trauma to their families and doubts within the community regarding government assurances. The MP questioned the timing of the Foreign Secretary's visit to India and its potential impact on the arrests.

  • Tan Dhesi Lab Slough

    Tan Dhesi expressed deep disappointment with the Government's inaction regarding Jagtar Singh Johal, who has been detained since November 2017. He highlighted serious allegations of torture and mistreatment against Mr Johal, emphasising that he potentially faces the death penalty. Tan Dhesi called for more support from the UK Government to resolve this situation and meet with Mr Johal's family.

  • Zarah Sultana Your Party Coventry South

    The MP detailed the human rights abuses suffered by Jagtar Singh Johal, who was arrested in India and faced torture and a possible death sentence. She criticised the UK Government's failure to secure an independent medical assessment or consular visits for Jagtar, as well as their lack of action to raise his case with the Indian Prime Minister.

Government Response

Nigel Adams

The Government do not have a legal duty of care to British nationals abroad, as consular assistance is contingent on the host country adhering to international law. The Foreign, Commonwealth and Development Office prioritises welfare for detained UK nationals and raises concerns about mistreatment or torture if allegations are made. Since Mr Johal's arrest in 2017, extensive consular support has been provided, including over 69 representations made by officials and ministers to the Indian Government, with the Foreign Secretary raising his case on May 6th. The minister reiterated that all human rights violations are taken seriously, and concerns are raised appropriately with local authorities. During the pandemic, in-person prison visits have been replaced with phone calls, and regular welfare visits will continue for as long as Mr Johal remains detained.

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