Rishi Sunak and the Foreign Office appear to be scaling back the UK’s support for Jagtar Singh Johal, the British Sikh activist held in an Indian jail for five years, his family and Keir Starmer have said.
Sunak’s government has refused invitations to echo Boris Johnson’s assertion that the Indian government has arbitrarily detained Johal, a term seen as significant because it means the UK does not recognise there is a proper legal basis to hold him.
Sunak and the Foreign, Commonwealth and Development Office (FCDO) say only they note the view of the United Nation’s working group on arbitrary detention, which said in May last year that Johal was being arbitrarily detained.
Early in February, Starmer wrote to Sunak, saying Johnson’s acceptance of the arbitrary detention, in June last year, was “an important step”.
“I would like to ask if you can confirm if the UK government still believes that Jagtar is being arbitrarily detained and if so, what further steps your government will take to secure a breakthrough in the case?” the Labour leader wrote.
But in a reply to Starmer, seen by the legal campaign group Reprieve, who are assisting the family, Sunak avoided the direct question, saying that the FCDO “continues to provide consular support” to Singh and the family.
“I take the UN working group on arbitrary detention opinion concerning Mr Johal very seriously, as did my predecessor, Mr Johnson,” the prime minister added.
In a separate statement, Starmer said Johnson’s recognition of arbitrary detention should have led the FCDO to formally seek the Briton’s release.
Starmer added: “I am therefore concerned that in his response to my letter and in discussions with Jagtar’s family, Rishi Sunak’s government may now be backsliding on their previous stance. To ease these fears, it is crucial No 10 and the Foreign Office make their position on arbitrary detention clear.
“UN experts have been clear that Jagtar shouldn’t be made to suffer in prison a day longer. It is the duty of the British government and political parties in Westminster to make proper representations and do what it takes to bring him home to his family in Dumbarton.”
Asked to clarify the UK’s position, an FCDO spokesperson said: “We have consistently raised our concerns about Mr Johal’s case directly with the government of India, including his allegations of torture and his right to a fair trial – we are committed to doing what we can to assist him.
“The foreign secretary [James Cleverly] also visited India and raised his case with [the Indian] external affairs minister [Subrahmanyam] Jaishankar on 29 October.”
The FCDO pointed to the UN working group’s opinion, adding: “We take this seriously.”
Johal’s brother, Gurpreet Singh Johal, said the family was concerned about the lack of continued support for Johnson’s positions.
“It has been disappointing since that both James Cleverly and Rishi Sunak seem to be rolling back and not defending the rights of British nationals,” he said.
“We’ve been taken aback. Five years on he’s still being arbitrarily detained, and the UK government has failed us to date. Each time the Indian government has done anything to move the case forward, it’s been because of action taken by the family, as opposed to the UK government.”
Jagtar Singh Johal was arrested after travelling to Punjab for his wedding. Several trial dates have since been postponed or cancelled and he is yet to stand trial.
