Former attorney general Dominic Grieve heads a list of lawyers writing to the Prime Minister to express their concerns over the ongoing prosecution of Jagtar Singh Johal in India.
Baroness Helena Kennedy, former Lord Advocate Dame Elish Angiolini and Geoffrey Robertson KC also signed the letter, noting that as Jagtar has been acquitted in the first case against him to reach a verdict, the remaining cases against him on the same allegation are a clear example of double jeopardy.
They wrote that it would be “entirely appropriate” for the UK government to ask the Indian government to drop the remaining case. The double jeopardy rule is incorporated in Indian domestic law, and so to ask for his release would be showing due deference to the Indian legal system.
The double jeopardy rule, they wrote, “reflects a basic and intuitive principle that in a just system, no one should be repeatedly prosecuted, tried or punished for crimes of which they have already been convicted or acquitted. The prohibition of double jeopardy exists across multiple areas of international law, including international human rights law, international criminal law and international humanitarian law. It is generally considered to form part of the right to a fair trial, which itself is part of customary international law, meaning it applies to all states, irrespective of whether they are party to a particular treaty or agreement.”
Jagtar’s brother Gurpreet told the Guardian: “The prime minister needs to recognise this is not a legitimate legal process – it is a rigged game designed to punish my brother for his human rights activism, and it is endless.
“He and his lawyer get called to the court, the NIA finds a pretext for delay, the judge agrees to a two-month adjournment … rinse and repeat. Meanwhile, Jagtar’s life is slipping away and the Prime Minister does nothing. Sir Keir Starmer knows arbitrary detention when he sees it. He knows what double jeopardy is. It’s time for him to show some leadership and bring Jagtar home.”
Read the full piece at the Guardian website.
