Jagtar Singh Johal’s family want answers why the UK Government has changed laws to give its ministers and officials criminal immunity for enabling or assisting murder or torture overseas.
The family are particularly concerned as the new legislation came after UK intelligence agencies were accused of tipping off Indian authorities about Jagtar’s case.
Jagtar, from Dumbarton, has been imprisoned in India for more than five years – and last week his case was raised in Westminster, as MPs debated changes to the National Security Bill.
Jagtar, known as Jaggi, was arrested in India after his wedding in November 2017, accused of helping to fund a Sikh-on-Hindu assassination plot – something he and his family strongly deny.
An investigation by the United Nations Working Group on Arbitrary Detention ruled in May that there was no legal basis for Jagtar’s detention in India, citing multiple violations of his human rights – including claims he was tortured into signing a false confession.
Earlier this year, his lawyers lodged a complaint against the UK Government after human rights group Reprieve say they uncovered evidence suggesting MI5 and MI6 passed information about a British national to foreign authorities, who was then detained and tortured, which matches details in Jagtar’s case.
Reprieve say the new bill would allow ‘ministers and officials to ‘get away with murder and torture’ giving them effective criminal immunity for ‘enabling or assisting murder or torture overseas.’
Security Minister Tom Tugendhat said that clauses would have to be looked at in detail.
Despite cross-party concerns, the bill was passed last week – and will move to the House of Lords for scrutiny.
Speaking afterwards, Jagtar’s brother Gurpreet said: “If the British Government didn’t play a role in my brother’s torture, why would they now be trying to cover themselves from legal consequences in cases like this, putting themselves above the law that applies to the rest of us? United Nations legal experts have made clear Jagtar’s been targeted simply because he wrote about the Indian Government’s mistreatment of Sikhs.
“What’s happened to him could happen to any British citizen when travelling abroad.
“If this bill passes victims will be prevented from obtaining justice, and the ministers and officials responsible for destroying their lives will never be held accountable.”
Former secretary of state David Davis MP said: “Jagtar claims he was tortured by the Indian authorities, and who we believe was detained as a result of British intelligence – [his legal claim] only came about because we could spot his case inside one of the Commissioner’s reports.
“This is the tip of the iceberg – a report on detainee mistreatment found 232 cases where the UK personnel continued to supply intelligence after they knew or suspected that a detainee was being mistreated.”
In response to concerns raised about the clause, security minister Tom Tugendhat said: “MPs have raised some very important points and those are challenges that we are going to have to look at.”
West Dunbartonshire MP Martin Docherty-Hughes said: “For five years Jagtar and his family have felt disregarded and let down by their own government. In that time we’ve seen multiple British Prime Ministers and Foreign Secretaries, and each has failed this young Scot from Dumbarton.
“If it wasn’t bad enough to learn that British intelligence agencies may have facilitated the torture of a UK citizen by a foreign government. Now, UK Ministers are pressing ahead with legislation that lets them off the hook for colluding in the mistreatment of British citizens overseas.
“It’s a slap in the face for Jaggi’s family who have been resolute in their campaign for justice.”
Dan Dolan, Reprieve’s director of policy and advocacy, added: “This gives ministers and Whitehall officials ‘get out of jail free’ cards if they enable murder and torture and makes it harder for the victims to obtain redress.
“These are not hypothetical scenarios, as shown by the recent revelations about MI5 and MI6’s potential role in the abduction and torture of British blogger Jagtar Singh Johal.”
