The UK government has recently told the High Court in London that a British Sikh man’s allegation that he was tortured while in custody on the charges of murder “are not admitted” as part of a legal challenge.
Jagtar Singh Johal, a 36-year-old British citizen from Dumbarton in Scotland, was arrested while in Punjab for his wedding in 2017 and is currently being held at New Delhi’s Tihar Jail.
Mr. Johal alleged that he was subjected to torture and mistreatment, allegations which the authorities have denied and maintained that he was arrested on “serious charges” to face justice before the courts.
UK-based human rights organization reprieves in supporting a legal claim by Mr. Johal that MI5 and MI6 have contributed to his “detention & torture” by sharing intelligence with the authorities.
The court papers seen by the BBC this week, the government’s lawyers say: “For the avoidance of doubt, the allegations of torture or inhuman or degrading treatment by the Punjab Police are not admitted.” They also say the UK government denies having “caused, contributed to [or] legal responsibility for any personal injuries, loss or damage suffered by” Johal. They make several references to Johal being visited by consular staff from the British High Commission in the days after his detention and appearing “fine”, with “no visible injuries”.
Mr. Johal’s family & legal representatives claim this defense is at odds with public and other statements made by the UK government officials on his case, and that material has been “selectively quoted”.
Mr. Johal’s lawyers from Leigh Day solicitors and Reprieve are seeking a court apology from the British government over its handling of his case.
In a statement, a Foreign Office spokesperson said: “Mr. Johal’s allegations against the UK government are the subject of ongoing court proceedings and, as such, it would not be appropriate to comment.” A date for the High Court hearing in London, to be heard in secret, is yet to be set.
The arrest and detention of Mr. Johal have been raised in the UK Parliament over the years, most recently at the end of January when the Parliamentary Under Secretary of State at the Foreign, Commonwealth & Development Office (FCDO) told MPs that the issue was raised during meetings with Prime Minister Narendra Modi and External Affairs Minister S Jaishankar by their British counterparts.
FCDO minister Leo Docherty states during a Commons debate on January 19 that “We want a resolution to this protracted and complex case. Let me assure members that we are doing what we can at the highest levels to support Mr. Johal and his family, and we will continue to do so.”
He further said that “He is facing multiple charges; the trials have started for some of those. Our consular staff will continue to monitor the developments closely throughout the process.”
