Sikh Relief response to accusations in Outlook India

An article published by Outlook India on February 1st used an unverified source to suggest Sikh ethos humanitarian aid group Sikh Relief’s SOPW project (Sikh Organisation for Prisoner Welfare) ‘is ­indirect support for terror’.

Here we share a summary of a response from Sikh Relief in regards to this most heinous and self-admittedly unsubstantiated allegation that would not be allowed to run in nations such as the United Kingdom where Sikh Relief was founded. India unfortunately does not seem to have measures to ensure media reports must be based on fact, and not unfounded accusations. We share this now as we will no longer wait for Outlook India to do the decent thing and allow a right of reply to members of the Sikh community who are labelled with inflammatory tags to tarnish Sikh activism which highlights issues of human rights breaches by the Indian state.

See more on the work of Sikh Relief here. For further comment, please get in touch via Media@SikhPA.com.


 

Sikh Relief have rebutted what they call ‘defamatory and libelous assertions’ made against them by Ushinor Majumdar in an article published in Outlook India magazine on 1st February 2018. The full response can be found below this summary.

Sikh Relief point out that they are a UK registered charity that engages in nothing other than humanitarian work in a transparent and open fashion rebutting several specific allegations made in Majumdar’s original article.

The article quotes an unnamed ‘intelligence agent’, which we as the Sikh Press Association feel is a highly dubious source. Surely, if Majumdar was actually speaking to an officer with verified information, they would have no issue with giving their name to give the quotes state accreditation. However, anti-Sikh articles stemming from Indian media usually gloss over the fact their sources/information are legally unsubstantiated (a recent example being the so-called confessions of Scotsman Jagtar Singh Johal in India being called ‘inadmissible in court’). Sikh PA have also found that rarely (in fact never) do Indian media speak to any Sikh activist organisations to seek their side of the story before running anti-Sikh articles. This is why the article in question did not include anything to highlight the fact the Sikh Relief SOPW project runs freely in India.

The source in the article states that Sikh Relief support for the families of those arrested in Punjab constitutes ‘indirect support for terror.’ In response, Sikh Relief quote the Geneva Convention prohibiting collective punishment and asking why an entire family should suffer due to the actions of an individual who ‘has been accused of a crime against a widely recognised corrupt state?’.

The charity highlights the case of its chairman, Balbir Singh Bains who was arrested and tortured in India in a false case that was described by the judge as a ‘balloon of falsehoods’ and led to his acquittal.

The article goes on to claim Sikh Relief’s SOPW project is the subject of a probe by India’s National Investigation Agency (NIA). Sikh Relief clear this issue by stating the ‘lengthy investigation’ by the NIA ‘has brought absolutely nothing of note whatsoever’. It is noteworthy regarding this point that the NIA recently tried to transfer Jagtar Singh Johal out of Punjab despite having no legal basis to do so, leading to the NIA admitting in court that its application was extra-judicial.

Sikh Relief further remark that of the over 200 ex-convicts who Sikh Relief have helped, not one has ‘reoffended or joined any kind of militant organisation’ since their release.

Sikh Relief summarized their position with the SOPW project by stating: ‘We will help anyone who approaches the charity with humanitarian aid, be it legal assistance, or medical or educational. This is not illegal and we offer this service with pride.’

The rebuttal stresses that Sikh Relief has applied for accreditation as a registered charity to the authorities and ends by stating, ‘we have invited various government departments to engage with us. Change must come, either from the ground up or with the assistance of those in charge. But to wage war on your own populace and defame those who attempt to heal the wounds is simply not an option.’


 

Rebuttal of defamatory and libellous assertions made against Sikh Relief

Although articles defamatory of the Sikh community authored by Indian journalists is nothing new and sadly will continue, we are particularly dismayed by the inclusion of Sikh Relief in this latest article.

The assertions made are a crude attempt to lump all Sikh organisations in one basket and create a narrative of a radical and extremist global Sikh gathering which is a threat to the existence of the Union States of India.

Sikh Relief is a UK registered charity and is engaged in nothing other than humanitarian work. To allege or accuse Sikh Relief of any other purpose is false, defamatory and outrageous. This article should have ended with a footnote informing readers that it had not approached Sikh Relief Chairman Balbir Singh Bains.

In light of that, we now invite the author to approach Mr Bains and engage him in dialogue and Sikh Relief welcomes an article written after an honest attempt to garner the full facts and information regarding our work and projects.

Facts like the arrest, severe torture and implication in a totally false case of Balbir Singh Bains in 1999, the Indian police accused him of being a terrorist in possession of RDX explosive. Yet the judge presiding over the case and hearing the evidence for himself, Special Judge, M.L. Sahni said of the police fairy-tale in his final judgement:

“A balloon of falsehoods…the prosecution story stands falsified…It is well said that a lie does not have legs to stand on…Accordingly, I acquit the accused of the charges framed against him.” 

It was even more shocking when shortly afterwards, an internal investigation conducted by the Intelligence Bureau (I.B) proved that the RDX explosives allegedly ‘found’ on Balbir Singh’s person were, in fact, from an operation unit of the police. It’s in these circumstances that Sikh Relief has today accomplished what it has.

 

The rebuttal:

 

  1. “….supporting the families of those arrested in Punjab for terror activities—covering their education needs, livelihood and legal costs. “This is ­indirect support for terror. We have had some bank accounts seized and the NIA has filed an FIR against the Sikh Organisation for Prisoner’s Welfare (SOPW),” says the officer.”       

For this article to make such an absurd claim whilst quoting an anonymous ‘intelligence agent’ is simply outrageous.

There is no better response to this totalitarian thought than international human rights laws, accepted and agreed conventions. “No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.” This is the wording of the Fourth Geneva Convention prohibiting collective punishment. So how has an intelligence officer decided that meeting the humanitarian needs of the families of prisoners of conscience constitutes “…indirect support for terror.” Should the families of under trials and convicts be ostracised by society? Should they dwindle and eek out their existence in poverty and be denied an education for their children? Should they be denied the charitable medical assistance offered to millions across the poverty stricken land of economic power that is called India simply because a member of their family has been accused of a crime against a widely recognised corrupt state?
We think not and as such will continue to work within the law and our humanitarian beliefs to help any unfortunate family who has become the focus of a vindictive state of mind, where the family is considered as guilty as any one of its members.

 

  1. “The taint hardly touches all Sikh support organisations: some are purely humanitarian, andplay straight.”    

This singular sentence is worthy of contempt and nothing more. No attempt has been made by the author to explore the work done by Sikh Relief in Nepal following the earthquake in 2015, in Kashmir after the floods the year after, our support of schools, our environment projects or our self sufficiency projects like the Learn to Earn centres that teach skill to the most poor people and gifts the tools of the learned trade to each student upon graduation. This is the Kirat Kamai project and is run as a direct result of the teachings of Sahib Sri Guru Nanak Dev Ji Maharaj, the founder of the Sikh faith.

 

  1. “The UK-based Sikh Relief, for instance, runs a programme called the SOPW, which is currently under an NIA probe. Parminder Singh Amloh, who runs SOPW’s Punjab wing, has been summoned thrice to the NIA HQ in Delhi. A former stuntman, he was arrested in 2008 under the Arms Act for carrying bullets meant for Gurmeet Ram Rahim—he spent four years in jail.”

 

While it is true that our SOPW project has been the subject of an NIA probe, the lengthy investigation of our activities, projects and financial management has brought absolutely nothing of note whatsoever and only serves to highlight the very totalitarian mindset that we are attempting to shelter innocent families from. This article has unwittingly exposed the collective punishment of those families is being extended to those who attempt to support them. The article is itself a vehicle of such an oppression and only part of an all encompassing system of malignment and misinformation designed to slander and criminalise those the state wishes to silence. To mention Bhai Amloh’s time in custody whilst declining to mention the reality of Sikh Relief having helped over 200 Sikh prisoners to not only leave prison, but to rehabilitate and integrate them back into civil society as self employed examples of what a genuine justice system should produce when functioning properly. This article has engaged in a crude attempt to tarnish the name and work of Sikh Relief by implying and insinuating that the SOPW project is ran by a criminal without mentioning the fact that of the 200 plus ex convicts who Sikh Relief have helped have not reoffended or joined any kind of militant organisation since release.

 

  1. “Including Jaggi? “We help those who approach us and verify who really needs help,” says Parminder. “The NIA is yet to close the FIR. It should go and talk to Bains in the UK to clear things up.”

 

Up to this point the author has failed to articulate who or what Sikh Relief has been supporting, so desperately mentions the Scottish national Jagtar Singh Jaggi as a potential recipient of our support. Bhai Amloh’s answer is sufficiently clear, we will help anyone who approaches the charity with humanitarian aid, be it legal assistance, or medical or educational. This is not illegal and we offer this service with pride. The NIA has not closed it’s investigation and has not approached Bhai Balbir Singh Bains either, this vacuum allows shoddy journalism and conjecture to roam free in an environment awash with institutional corruption and political violence. Who does such an environment benefit? Certainly not those who are in the service of humanity.

 

  1. “At the bare minimum, SOPW Punjab is caught in a regulatory tangle. “We applied for registration and were told categorically there were ‘instructions from upstairs’ that it would not be ­permitted. There’s no option but to approach the High Court,”

 

This maybe the only accurate element to Sikh Relief in the lengthy article. Sikh Relief has not only applied for accreditation as a registered charity to the authorities, but we have invited various governmental departments to engage with us and work together to eradicate the environment the country finds itself in. Change must come, either from the ground up or with the assistance of those in charge. But to wage war on your own populace and defame those who attempt to heal the wounds is simply not an option.

 

Calls for Leamington Gurdwara committee to resign following protester acquittal

The National Sikh Youth Federation (NSYF) have called for the managing committee of Gurdwara Sahib Leamington and Warwick ‘to issue an apology and resign’ following the acquittal of two protesters they alleged had broken the law during a demonstration at the gurdwara.

Kulvinder Bir Singh and Gursharan Singh were on trial at Birmingham Crown Court for charges made against them during a peaceful protest against Leamington Gurdwara for breaking religious rules set by the Akal Takht, the highest seat of authority of the Sikh faith. This week both were acquitted.

Following the acquittal, leading Sikh organisations including the Sikh Federation UK and Sikh Council UK led the call for an inquest into how Warwickshire police allowed the incident to escalate to a crown court trial, based only on claims from members and associate of the committee. See more info on their statements here.

NSYF further expressed Sikh community sentiment by suggesting the committee need to ‘stand down, issuing an apology to the Sikh activists, and most importantly to the Sangat (Sikh congregation) for bringing a Sikh institution into disrepute.’

The press release, available to view in full here, also condemned the ‘heavy-handed response by Warwickshire police’, as well as the ‘sensationalist reporting’ which followed.

NSYF called for Sikh Council UK to ‘put into place measures to ensure that the British police have a point of contact outside the of Gurdwara committees’ to avoid such issues in the future. Following an incident earlier this year when Coventry Telegraph published a story claiming Sikh militants were handing out Islamic fundamentalist group ISIS propaganda, based on a now debunked statement from a committee member of Guru Nanak Gurdwara of Coventry aiming to criminalise local Sikhs who opposed their management, the Sikh Press Association openly support this suggestion, as it was an exaggerated police report which led to headlines claiming ‘sword-wielding’ Sikhs ‘storm’ a temple at the Leamington protest on September 11 2016.

The response of many of the UK’s leading Sikh organisations in reaction to the acquittal of the two protesters amply demonstrates community sentiment in regards to the incident, which is one example of ongoing issues between Gurdwara management committees and the Sikh community.

For more information on such issues, email Media@SikhPA.com.

Sikh orgs push for inquests into police conduct following acquittal of Leamington protesters

Following the acquittal of two Sikh protesters by a Birmingham Crown Court jury, leading Sikh organisations are calling for an inquiry into how the arrests led to a trial.

The case was stated by lawyer, Talbir Singh as being “the largest hammer you will ever see to crack the smallest nut”, leading to the Sikh Council UK calling for a meeting with Warwickshire police, whilst the Sikh Federation UK called for an investigation into the “massive over-reaction”.

The trial came after 55 protesters were detained by armed police at Gurdwara Sahib Leamington Spa on September 11 2016. Two of those protesters, Kulvinder Bir Singh and Gursharan Singh, were accused of pulling an official’s tie and taking down laminated signs inside the gurdwara. Both were acquitted yesterday afternoon.

Sikh Youth UK, a community group largely most associated with the protest having been first to share news of it said in a statement on Facebook, “It is clear to see a situation where the management committee of the Gurdwara Sahib have used their personal links with the Police and politicians to serve their joint objectives. This was demonstrated numerous times including the interview of Superintendent David Gardner of Warwickshire Police who discussed the case on television prior to a full investigation, charges or proceedings.

“In addition to the massive costs for the unwarranted and unnecessarily exaggerated response by Warwickshire Police, the additional costs of malicious allegations and Court proceedings are a cost which will be borne unfairly by the taxpayer.

“Reacting to the Court outcome, calls are being made from the Sikh community across the UK for the management committee of Gurdwara Sahib Leamington & Warwick to stand down. Furthermore an independent investigation into the actions of Warwickshire Police in relation to the whole affair is being demanded.”

Sikh Council UK Head of Policy, Strategy and Legal Affairs Gurmel Singh Kandola said “We have a number of ongoing concerns, including the nature of briefings and meetings prior to the incident between police and Gurdwara representatives, the disproportionate policing operation on the day in question with the use of armed officers, the subsequent legal processes and charges pursued by the Crown Prosecution Service, the media appearances undertaken by police officers during the course of the matter and the inconsistencies with which counter-complaints were handled”.

He added “We are seeking meetings to discuss our concerns and the way forward so Warwickshire Police and other police forces do not make the same mistakes again. The sensational reporting of the matter following the events of the day has caused significant reputational damage to the community and we wish to ensure lessons are learnt going forward.”

Commenting on the case, Bhai Amrik Singh, chair of the UK’s Sikh Federation, said: ‘We welcome the unanimous decision of jurors to acquit the two brothers and feel vindicated as we have said all along these prosecutions were totally unnecessary.

‘This was a lawful, peaceful protest where Warwickshire Police and the Crown Prosecution Service appear to have been given incorrect and false information by members of the Leamington Gurdwara management committee.

‘There should be an independent investigation as this incident at that time brought the law-abiding Sikh community into serious disrepute with a massive over-reaction with armed police being deployed on the anniversary of 9/11.’

Jasveer Singh of the Sikh Press Association also stated that media coverage of the issue only helped to fuel the unnecessary push for prosecution. “When the news of the protest came out, news outlets like the Daily Mirror and Sky News reported claimed protesters were ‘sword-wielding’ and had ‘stormed’ the Gurdwara, painting a completely enflamed image of what had actually happened. The quotes were not even attributed to anyone.

“It is hard for us to believe that both police and media did not know that initiated Sikhs will always carry a small sword, and do so every single day in schools, in parliament and in hospitals. What we do recognise though is that both the media and government authorities are unaware of the fractious relationship some Sikh communities can have with Gurdwara committees that flout Sikh protocol.

“Last year Coventry Telegraph published a news article claiming Sikhs were promoting ISIS propaganda in a Gurdwara, based on a claim by one single committee member of Guru Nanak Parkash Gurdwara. This heinous accusation was quickly removed from the story once members of the local community came forward to speak against the ridiculous accusation.

“This is yet again clear evidence that the media and government authorities – whether it be the police or charities commission – need to do more to speak to connect with the Sikh community, to avoid those with their own agenda leading them down a costly path.”

Indian politician caught on camera admitting to role in Sikh genocide

Indian National Congress politician Jagdish Tytler has confessed to playing a key role in the 1984 Sikh genocide, in a newly-released video, which can be seen below.
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The footage shows Tytler confessing to murder, The former Indian member of Parliament bragged about “killing” 100 Sikhs, when being secretly filmed in 2011. The video was released this week by the Delhi Sikh Gurdwara Management Committee (DSGMC) who claimed to have received the videos from an ‘unidentified youth’.
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Tytler has long been accused of instigating the massacre of Sikhs in 1984 following the assassination of Prime Minister Indira Gandhi, who was killed by her own Sikh bodyguards in retaliation for the Indian government’s attack on holy Sikh site Harmandir Sahib (often referred to as the Golden Temple) in Amritsar, Punjab.
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At the time, Tytler was minister of state for overseas Indian affairs, a position he resigned from after he was accused of inciting and leading murderous mobs against the Sikh community in Delhi.
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BJP national secretary and Delhi president of Shiromani Akali Dal R.P. Singh has now lodged a First Information Report (FIR) at Parliament Street police station against Tytler.  He demanded immediate arrest of Tytler, and warned that the DSGMC would launch protests otherwise. He added that he would hand over the clippings to CBI and demand action from prime minister Narendra Modi.
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According to state media, Tytler has denied the confession, claiming that it was not him in the video and that his voice had been distorted.
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He has so far escaped any punishment for his role in the genocide, even though witnesses reported seeing him lead rampaging mobs towards the homes of Sikhs and an official government inquiry even claimed he ‘probably’ had a role in organising attacks.

UK Sikhs gearing up for anti-Modi protests

Preparations underway to continue #ModiNotWelcome campaign of his previous UK visit


Members of the UK Sikh community will protest Indian Prime Minister Narendra Modi when he visits the United Kingdom for the Commonwealth Heads of Government Meeting in London from 16th – 20th April 2018.

Preparations, being led by Sikh activist organisation Dal Khalsa UK, are already underway in the British Sikh community to ensure that Mr Modi’s visit does not go without an examination of his affiliation with violent Hindu nationalism.

In accordance with the Sikh principle of Sarbat Da Bhalla (the welfare of all), Sikh organisations such as Dal Khalsa and Sikhs for Justice will work with groups from other minorities in India including Kashmiris, Muslims, Christians and Dalits, all of whom have suffered persecution from fanatic Hindutva groups aligned to Modi’s ruling BJP party.

One organisation, Sikhs for Justice, has vowed to protest the visit. Paramjit Singh Pamma of Sikhs for Justice said, ‘We will confront the Prime Minister, Narendra Modi, over the atrocities committed by the Indian state, including the killings of Sikhs in India.’ 

Modi’s last visit to the UK was in November 2015, where he was given an extravagant welcome that included addressing 60,000 people at Wembley Stadium. On that occasion, and at Modi’s visit to 10 Downing Street, Sikhs protested alongside other marginalised Indian groups to send a clear message to the British government that minorities in India feared the consequences of Modi’s Hindu Nationalist government.

Recently on Indian Republic Day (26th January) Sikhs protested outside the Indian High Commission in London alongside groups campaigning for their democratic rights from the Indian state.

For more information on the planned protests please contact either media@sikhpa.com or jasveer@sikhpa.com.

 

 

Summary of REDRESS Report on #FreeJaggiNow

Jagtar Singh Johal is a British national who has been detained in India since 4th November 2017. He has not been charged, been denied private consular access, and has said that he has been tortured multiple times while in Indian police custody.

REDRESS is an international human rights organisation based in London and The Hague which seeks justice and repatriation for survivors of torture and related international crimes. It has published a report, based on the experience of detained national such as Mrs Nazanin Zaghari-Ratcliffe in Iran and Jagtar Singh Johal in India. The report, titled Beyond Discretion: The Protection of British Nationals Abroad from Torture and Ill-Treatment, makes several recommendations to the Foreign and Commonwealth Office (FCO) on how to handle the detention of British nationals abroad.

The report recommends that the right to consular assistance for all British nationals should be enshrined in law. Moreover, it calls on the FCO to publish the entire Internal Guidance Documents for consular officials regarding consular assistance and develop clear criteria for a transparent exercise of consular assistance. The report notes that individual cases have shown how inconsistent the efforts of the British government are to assist and protect British nationals abroad. Overall, rather than regarding the assistance of British nationals as a matter of policy, the report argues that as part of a victim-centred approach, the FCO should create a legal obligation to exercise diplomatic protection where UK nationals have suffered or are at risk of grave human rights violations in detention abroad.

Check out the report in full here.

Sikh war memorial campaign backed across parliament

15 members of the Sikh community pledge £25,000 each to raise £375,000 towards the memorial at parliament event.


31.01.18

A campaign to create a Sikh World War memorial in a central London location saw cross-party support in parliament yesterday evening.

The campaign, being led by Slough MP Tanmanjeet Singh Dhesi, the first ever turbaned Sikh in European parliamentary history, was launched with the support of various Sikh community groups, along with the likes of Vince Cable (Liberal Democrats leader), Jeremy Corbyn (Labour Party leader), Sajid Javid (Conservative government Communities Secretary), John Bercow (Speaker of the House of Commons) and many other senior parliamentarians.

Screen Shot 2018-01-31 at 12.59.30

Tanmanjeet Singh said of the launch, ‘I am absolutely thrilled to have hosted a historical gathering of cross party MPs, Lords, the Mayor of London, community representatives and social activists in the Houses of Parliament this evening.’

It is often suggested that the fact 83,000 Sikhs died fighting in the British Armed Forces is little-known amongst the British public, with this being a key thought in the need for a Sikh war memorial, something echoed by London Mayor Sadiq Khan who feels the best place for the memorial is in the capital.

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‘What is important is a national memorial to commemorate the contribution made by Sikh soldiers is in our capital city. It is a huge boon for the campaign and we should be very proud we have cross-party support from politicians across the country for this, making the memorial more likely to happen’ said Sadiq Khan.

During the launch Tanmanjeet Singh spoke of the bullying many Sikh children face because of their often distinct appearance in wearing a patka (Sikh head covering) or dastaar (Sikh turban), suggesting a Sikh war monument will help ‘integration’.

‘Hopefully with the announced active support of the Government, the Mayor of London and the local authorities, we will in the very near future have a permanent national monument in a befitting central London location. It would have huge additional benefits for community cohesion and integration within our country.’ 

The launch saw 15 members of the Sikh community pledge £25,000 each to raise £375,000 towards an expected figure of £500,000 needed for the memorial. Funders included Gurmail Singh Malhi, head of Sri Guru Singh Sabha Southall Gurdwara committee, Indian businessman Rami Ranger, and many others.

For more information on the campaign follow @SikhWarMemorial on Twitter.

Call for more Sikh foster parents in Slough

Slough Children Services Trust has announced plans to work with the Sikh community to encourage more Sikh families to provide foster care.

Slough Children Services Trust (SCST), a not-for-profit organisation providing social care and support services in Slough, and has called on Sikh families in the town to provide a loving and nurturing home for Sikh children in care. The Trust has said that there are a number of Sikh children who find themselves in need of fostering, and due to a lack of Sikh parents they are often fostered by parents from other faiths. This lack of consistency in the child’s upbringing is seen as unconducive to creating the stable home environment a child needs to flourish.

A statement from SCST encouraged Sikh families to come forward, saying, ‘We have children of all ages and from a wide variety of backgrounds who need short or longer-term care. Becoming a foster carer is one of the most rewarding roles someone can ever have. Helping a child – who may previously have been living with uncertainty or instability – grow and flourish is beyond words.’

Helping those in need is a key tenet of Sikhi. The first Guru of the Sikh faith, Guru Nanak Dev Ji Maharaj, instructed all Sikhs: ‘Vand ke chakna’ meaning the material possessions that one has must be shared first with the community, particularly with those in vulnerable circumstances. The Sikh concept of seva (selfless service) encourages Sikhs to help those in need, by providing time, energy and finances to help the vulnerable. There is also a history of adoption in the Sikh faith, with the 6th Guru, Guru Hargobind Sahib, adopting multiple children, including a Muslim child who was allowed to keep his faith by the Guru.

Sikh families who are willing to step up to this responsibility, help a child help turn their life around and assist them on their path into Sikhi are encouraged to contact Slough Children’s Services Trust, which is based in St Martins Place on Bath Road, Slough. They can call 01753 477 321 or email: emailus@scstrust.co.uk. The Trust also has a Twitter profile at: @SCS_Trust and their website is: http://www.scstrust.co.uk/.

Labour MP gives inaccurate BBC Punjab interview on Jagtar Singh case

On January 11th Southall’s Labour party MP Virendra Sharma discussed the case of Jagtar Singh – Scottish Sikh detained and tortured without charge in India – on a BBC Punjab news show. During this interview, many inaccurate and misleading statements were made about the case. Sikh PA have worked with the Free Jaggi Now to highlight the inaccuracies made by the MP.

Below is a transcription of the interview with statements added from the Free Jaggi Now team to clarify the truth behind Virender Sharma’s claims. ALL statements from the Free Jaggi Now team have come via liaison with Jagtar Singh’s family and his lawyer. For more information on anything stated, please get in touch via Media@SikhPA.com.


The statements below have been taken from an interview with Virendra Sharma of the Labour party on 11th January 2018:

https://www.facebook.com/BBCnewsPunjabi/videos/408979922891136/

VS = Virendra Sharma

FJN = Free Jaggi Now

 

 

VS: ‘I have total knowledge of the Sikh faith because I have studied it’

FJN: Virendra Sharma is not recognised as a source of education on the Sikh faith, especially in a manner which could be described as having ‘total knowledge’.

 

On the interviewer referring to him twice ‘as a Labour Party leader’ (6minutes in):

FJN: The BBC needs to pay close attention to the language used by its Punjab team, as Mr Sharma is not a leader of the Labour Party and suggesting he is may warp the audience’s perception of the interview.

 

VS: ‘I am Chairman of the Europe Human Rights Committee’

FJN: Whilst we respect and commend the work Sharma has done with various human rights committees, we have found nothing to confirm Virender Sharma is in a position of Chairman of the Europe Human Rights Committee.
VS: I have been reassured, both by the British High Commission – the minister and the High Commission, that his human rights have not been violated, Jaggi Johal has been given a full medical check-up, medical support, legal access and access to a lawyer.

FJN: This contradicts both reports from Jagtar Singh’s lawyer and also the Foreign and Commonwealth Office (FCO), who have openly stated their concern about reports of torture which is why they have petitioned for an independent medical for him, which has been continually rejected by Indian authorities. Jagtar has confirmed to the FCO that he has been tortured, and the FCO have called on India’s Ministry of External Affairs to investigate mistreatment. Jagtar is still classified as vulnerable by the FCO. For Virender Sharma to not mention any of this in discussion about Jagtar Singh shows either a lack of knowledge on the case or an attempt to ignore some of the concerning issues about it.

 

VS: His family are meeting him.

FJN: Jagtar Singh’s whereabouts were not revealed to his family for two days after his arrest and meetings between them have been highly restricted. Recently between 17th January and 19th January, Jagtar’s whereabout were once again undisclosed as he was transferred to police custody after a secret hearing held in suspicious circumstances, without legal representation.

 

Asked if he is satisfied with actions of the Punjab government given that Jagtar Singh is a British citizen:

VS: ‘I am a British member of parliament, for me, the internal method of India is the internal matter of India. To interfere with the legal system in India… I have raised a question… as to whether the response has been satisfactory, that’s up to the family to correct. I do not know Jaggi Johal, I don’t have any knowledge about him, as far as I am concerned I do not have any knowledge of the system. Because of this, for me to say if I am satisfied or not, I will certainly say that I am satisfied with the response of the British High Commissioner because he cannot give us incorrect feedback.

FJN: This ignores the fact that the British High Commission have both not been given a private meeting with Jagtar Singh away from the presence of Punjab Police, nor have they been allowed to facilitate an independent medical for him.

 

Interviewer: Regarding the allegation from Jagtar Singh’s family that there has been a human rights violation regarding him, they are not satisfied with the reply from the British High Commission…

VS: ‘First of all, their local lawyer should prove the evidence.

FJN: Multiple petitions have been filed in the lower and high court to investigate torture. The Free Jaggi Now Campaign has worked with Redress and Ensaaf to submit a report to the UN Special Rapporteur on torture regarding Jagtar’s mistreatment, calling on them to investigate. Jagtar Singh’s lawyer has publicly aired detailed reports of his torture and did request an independent medical, which was rejected. All of these are attempts to provide evidence of Jagtar Singh’s mistreatment and Punjab Police’s human rights violations.

 

VS: The lawyer should produce the evidence – photographs of bodily harm that has occurred…

FJN: Jagtar Singh reported being electrocuted and having his legs stretched beyond their capabilities, which likely will not be visible on camera. Also, every meeting with Jagtar Singh has been in the presence of Punjab Police.

 

VS: …where he was denied medical access, when he was denied a lawyer in court, or when a one-to-one interview with his lawyer did not happen. If they bring this to the public, it is my impression that the media would certainly cover it and the information would be given to the public. On the basis of that information, people abroad can take action and give a response.’

FJN: Respected Sikh and Punjabi news site Sikh Siyasat has covered every instance when Jagtar Singh was denied a chance to have a lawyer in court, based directly from information given by Jaspal Singh Manjhpur, Jagtar Singh’s lawyer. The FCO have noted based on their interactions with Jagtar and their monitoring of the situation that Jagtar’s medicals have been “cursory” and not independent. There has even been a court order to stop the police from conducting medicals in police vans calling on them to have a medical conducted in a civil hospital. An appeal petition to the high court for an independent medical has been set to be heard in March 2018. Consular services have been continually denied private access to assess Jagtar Singh’s condition. Mr Sharma, as a British MP should be aware of these well-published facts.

 

VS: ‘I say with respect that Jaggi Johal was not a known personality. He came into the limelight after he was detained. Because of this, to comment on him is very difficult unless you were very closely acquainted with him. When he is brought to court, as far as I have been told, that we have enough evidence upon which we have stopped (i.e. detained) him.

FJN: No evidence has been shown to link Jagtar Singh with any crime. Upon his arrest, Punjab Chief minister Captain Amarinder claimed the Punjab Police had ‘solved’ crimes, without any evidence or trial.

 

VS: And I also feel that if the British High Commissioner was not convinced of this then he would not have said it to me – that he does have legal access, that he does have medical aid, family access, and with that you have the campaign, separately you have the judgement right or wrong, evidence, the presentation of Jaggi in court will happen … for outside politicians to say whether it is right or wrong is difficult, because later they are answerable if they support the wrong side. Because of that, it was my responsibility to enquire, one thing is that he is not my constituent, so I am satisfied with my enquiry on the basis of him being a British citizen – that what the British High Commission has said to me is based on some form of evidence, of it I can’t say anything.’

FJN: Mr Sharma has both claimed to not be in a position to comment, and provided misleading and inaccurate commentary. Mr Sharma should provide a factual explanation as to what promoted his inquiry into Jagtar Singh’s case. His comments, in Punjabi, on a BBC Punjabi network, are misguiding listeners. He also insinuates that Jagtar will be found guilty and many of Jagtar Singh’s supporters, including “outside politicians” (referring to UK MPs), will have picked the “wrong side”. Mr Sharma’s comments during this interview are counter-productive to all those, including many MPs, who are pushing for a fair and open process for Jagtar Singh, who as of yet has still not been charged, despite being detained for over 70 days (76 as of January 19th).

Indian High Commission untruths uncovered: A breakdown of BBC Radio interview on the Jagtar Singh case

On January 8th the BBC Asian Network radio show saw the Jagtar Singh case discussed by the Indian Deputy High Commissioner Dinesh Patnaik. During this interview, many inaccurate and misleading statements were made about the case. Sikh PA have worked with the Free Jaggi Now to highlight the inaccuracies made by one of India’s most senior UK based officials.

Below is a transcription of the interview with statements added from the Free Jaggi Now team to clarify the truth behind Dinesh Patnaik’s claims. ALL statements from the Free Jaggi Now team have come via liaison with Jagtar Singh’s family and his lawyer. For more information on anything stated, please get in touch via Media@SikhPA.com.


 

Nomia Iqbal interview with Indian Deputy High Commissioner Dinesh Patnaik on Monday 8th January 2018. (http://www.bbc.co.uk/programmes/b09kdlv1#play )

48.50: Portion regarding Jagtar Singh Johal

NI = Nomia Iqbal

DP = Dinesh Patnaik

FJN = Free Jaggi Now

 

NI: Just to give you a sense of how listeners have been feeling, not just today, but Jagtar Singh Johal – his case has really really concerned Sikhs here, certainly, especially the lack of transparency over what’s happening with him. We still don’t know what’s going on. Can you give us some clarity on that?

DP: I will be very clear, I agree with you, there has been a lot of concerns from a lot of people about Johal’s case and we have managed to actually give as much information as we can.

FJN: The authorities had Jagtar Singh detained for 10 days before any information was given to the family about his whereabouts. Applications made in the courts have not been responded to, a failure of the legal process that shows a bias.

 

 

DP: The very fact that he’s being charged under seven counts of aiding and abetting of murder of seven individuals… including a Christian pastor… and the investigation is on and in India according to the rules the police can remand into custody an individual for…

FJN: Jagtar Singh has categorically NOT been charged. No actual charges have been filed in the courts. Jagtar Singh has commented in court that he is innocent. From what we can gather in the media, the allegations range from ‘influencing the youth through social media’ to providing ‘funding for alleged murders of RSS leaders’ (which it is assumed occurred from outside of India, if the allegation is proven).

 

NI: Are you sure? Sorry to interrupt you Dinesh, please forgive me, but he’s not been charged though has he?

DP: Yes, right now he is under investigation…

NI: He’s under investigation, he’s not been charged though has he?

DP: He will be charged once the investigation is over. There are seven counts – under each of them he is being investigated separately.

NI: Ok, so he’s not actually been charged right now, as we, you and I speak…

[DP talking over her: He will be charged]

DP: Exactly.

FJN: It is worrying and also a sign of the unlawful nature of the Indian judicial system that the Indian deputy high commissioner confidently states ‘He will be charged’. Jagtar has been ‘under investigation’ for over a year according to Indian authorities, and has been questioned directly since his arrest on the 4th of November 2017, even being subjected to 3rd degree torture as part of his interrogation. Yet, no evidence or ‘recoveries’ have been shown or submitted to the courts. With this in mind, what makes Dinesh Patnaik so abrasively confident enough to state as fact Jagtar Singh will be charged?

 

NI: How do you know he will be charged?  

DP: Well, he never will be charged if the investigation turns out that he is not guilty or he has nothing to do with the crimes that we are investigating – he will be let off.

FJN: Whilst Dinesh Patnaik’s statement here is logically correct, Captain Amarinder the Punjab Chief Minister originally claimed on a press conference on 7.11.17 that Punjab police had ‘solved’ the cases Jagtar Singh was arrested in connection with. Despite this, no evidence or charge has yet been made. Nevertheless, there is a general theme of Indian authorities damning Jagtar Singh as guilty before he is proven innocent.

 

DP: But each time he is remanded into custody for the investigation he has to be produced before a court which he has been produced before court. A medical test is done to assess that everything is fine with him, there is no torture involved.

FJN: All medicals have been done by the Punjab Police, the same group Jagtar Singh stated were torturing him. Dinesh has no proof that torture was not involved. Punjab Police have a history of torture associated with being detained in their custody, as documented by Amnesty international.

Applications have been submitted in the lower and high court for an urgent independent medical. A date has been set for the hearing as March 2018. Human Rights Watch and Ensaaf have documented how Punjab Police has enjoyed impunity for the last 34 years. Recently the Missing Punjab project released a list of 8527 unresolved cases of enforced disappearances of Sikh youth in Punjab police custody.

 

[brief technical interruption]

NI: But just to clarify, Jagtar Singh Johal has not been charged with anything right now. He’s not been charged. Dinesh is saying that he will be charged, he could be charged, but the investigation is still ongoing. But just on the point Dinesh, you understand therefore the concern over it and the feeling of anxiety of this case and the lack of transparency by India?

DP: No, we have… see the British High Commission has got consular access to him almost three or four times already.

FJN: The access to him has never been private, as requested by both Jagtar Singh’s lawyer and the Foreign and Commonwealth Office. All meetings have been in the presence of Punjab Police. A court order was obtained by Jagtar’s lawyer for a private meeting with the FCO. This order was violated by the Punjab Police when they refused to allow this to happen and the Punjab courts provided no further relief in the matter.

 

DP: Every time he is remanded into custody he is produced before a court where his lawyers, his people, have access to him. You know, all the people who need access to him have access.

FJN: As documented, Jagtar Singh’s lawyer has stated he has been denied access to his client on occasion. To date no private meetings have been allowed with the lawyer (which is contrary to the Indian Evidence Act) or consular staff. One such meeting with Jagtar’s lawyer took place in a court yard, for five minutes, whilst Jagtar was surrounded by more than 10 police and NIA officials.

DP: You don’t expect us to put a person who is under investigation to access to the public – he has access to his lawyers, to his family, to the British High Commission who are concerned about him. Everybody has access to him. I am not able to…

NI: His family have access to him?

DP: Exactly, they can go and meet him.

NI: Well we need to speak to the family to get some clarity on that. What about these torture allegations then?

DP: That’s completely baseless. It is not a country where we do torture.

FJN: India is not a signatory to UN Convention against Torture. Many human rights organisations have recorded reports of an endemic system of torture within Indian police. In the case of Jagtar, his lawyer has strongly rebutted claims of the Punjab Police and the Punjab Chief Minister that Jagtar has not been tortured.

 

DP: Like I told you every time he is remanded into custody – and he has already been remanded into custody three times or four times – each time there is a medical test done to show that he is clear before and clear after… 

FJN: Jagtar has reported to consular staff that only cursory medicals have taken place by the Punjab police, the same group accused of torturing him. Officers are always present during any examinations. A court order was issued to try and prevent the police from conducting medicals in the back of police vans. Both Jagtar Singh’s lawyer and the FCO have requested an independent medical, which has been denied, whilst a hearing for this to happen was set by one judge for March 2018.

 

NI: And have you released the results of…?

DP: Yes, this is given to his lawyers, to his people. See, whenever there is an investigation done you don’t release to the public or to the press investigation results. 

FJN: No evidence has been produced in the courts and Jagtar has been detained since 4th November 2017 without charge. Yet the Punjab Police/NIA clearly released a video of an alleged ‘confession’, directly from detainment in police custody, to the media.

 

DP: Every day there are investigations across the country…

NI: Considering the huge amount of concern over the case, and especially allegations that he’s not been treated fairly, do you not think that it would be a good idea to be more transparent and release these results, to quell the allegations that India’s facing? 

DP: There is a trial by media going on, a trial by social media. And that’s something which, as any government, or any system, nobody wants a trial by media or by social media.

FJN: Why would Punjab Police release a so-called ‘confession’ from Jagtar Singh to media, which media actually stated was ‘inadmissible in court’? Unless the focus of the authorities involved was in fact a trail by media. Jagtar’s lawyer has asked questions in court about the so-called confession; how did this alleged confession, taken in police custody, come to be released in the media, and claimed in the media as “an NIA exclusive”?

 

NI: Sure, but Dinesh, his lawyers are saying he’s been tortured…

DP: Yes, but his lawyers have not given any proof of any torture. The point of torture… each time he’s produced before court there is a medical test done. His lawyers have the results of that test, why are they not showing those results?

FJN Again, the is simply categorically untrue and Indian authorities have openly rejected requests for an independent medical which was requested by the FCO to look into the allegations of torture. Jagtar Singh has reported to consular staff that only cursory medicals have taken place by the Punjab police, officers are always present during any examination. A court order was issued to try and prevent the police from conducting medicals in the back of police vans.

 

NI: And just on the point you made about the charges. As I clarified, he’s not been charged yet…

DP: He’s not been charged…

NI: How long is going to take before he’s either charged or released? It’s going on for weeks now…

DP: Each case takes ninety days for investigation. That is the amount under the law that is… the investigating agencies are allowed. They cannot cross the ninety-day barrier.

NI: It just all sounds quite confusing Dinesh, because you’ve got your side saying there’s no evidence that he has been tortured, and you’re saying that the legal team have no evidence, but they’re raising it as an issue though, aren’t they? So clearly…

DP: Which court has raised the issue?

FJN: An appeal has been submitted to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment via Redress Trust and Ensaaf. We have necessary legal documents to prove that the allegation of torture has been raised with the FCO, the MEA, and the courts.

 

NI: So there isn’t… there is evidence right?

DP: Allegations in the media and allegations in the press are not allegations… if had they… why the case in court about torture?… not yet, because they need evidence to show that.

FJN: The evidence would have come via an independent medical, which is the only possible way to highlight Jagtar Singh’s torture. The independent medical has been continually rejected by Indian courts.

 

DP: The British High Commission has had access to the person three times. Have they said anything about Johal being tortured? 

FJN: On the first meeting consular staff have had with Jagtar they classed him as vulnerable and has since continually sought a private meeting to fully assess his condition.

 

NI: So you’re confident that he’s being treated fairly and that he will get a fair trial if it indeed comes to that? 

FJN: The possibility of a fair trial has already disappeared based on the fact Jagtar Singh has been on trial via media, where sensationalised headlines and news reports have called him a “Khalistani terrorist” and Captain Amarinder already claiming he is guilty in the first public press conference on the case. Dinesh Patnaik’s assertion that “he will be charged” further erodes our belief that there will be a fair trial.

 

DP: Yes, he will be treated as fairly as any other individual in the world. You’re talking about democratic set up. You saw the Chennai Six case… where everybody we’re talking about, how the Chennai Six would not be let off… the courts let them off – despite the fact that they were carrying arms in a ship into India – the courts let them off because there was no malevolent intention.

FJN: Despite the fact Dinesh states ‘the courts let them off because there was no malevolent intention’, it took four years for the Chennai Six to be freed. Regarding Jagtar, the torture of a British national has been alleged in the Indian courts and the Indian government have hindered its impartial investigation and private consular access.

 

DP: The courts in India are free and fair – they know exactly what is to be done.

FJN: Only last month, Amnesty International worked with Ensaaf to highlight a clear culture of impunity of Punjab Police in relation to killings and disappearances of detainees. The Indian judiciary system has also been consistently highlighted as corrupt.

 

DP: You can’t force the courts to take a decision on something because you put pressure through social media and through networks.

NI: Stay with me Dinesh, as I say, thank you for coming onto the show…

FJN: Social media has given us a voice, in fact our slogan is “Be Jaggi’s Voice”. In India people are arrested for social media use, artists are arrested and charged with sedition, human rights activist are arrested and implicated in false cases only to be found innocent after many years of their lives are wasted. Social media is a powerful tool to speak truth to power.