Khalistani separatist Hardeep Singh Nijjar Photo | Express Illustrations
World

Canada moves to withhold evidence in Nijjar murder case, cites national security concern

The Attorney General of Canada filed an application under Section 38 of the Canada Evidence Act in the Federal Court on December 24 last year, requesting permission to suppress certain evidence.

Harpreet Bajwa

CHANDIGARH: The government of Canada has sought court approval to keep some sensitive national security evidence secret in the case related to the murder of Hardeep Singh Nijjar, saying disclosure could be “injurious to international relations and national security.” The trial in the case is expected to begin later this year.

According to a report by Global News, the Attorney General of Canada filed an application under Section 38 of the Canada Evidence Act in the Federal Court on December 24 last year, requesting permission to suppress certain evidence. A spokesperson for the British Columbia Prosecution Service said the trial is not expected to begin before August.

A spokesperson for the Department of Justice confirmed that the Attorney General is seeking an order under a section of the Canada Evidence Act and added that they cannot provide further detail at this time.

Four Indian nationals — Karan Brar, Kamalpreet Singh, Karanpreet Singh, and Amandeep Singh have been accused of involvement in Nijjar’s killing and were arrested.

It is not unusual for federal lawyers in Canada to ask courts to allow them to withhold national security information during trials, especially when the information was shared by a foreign agency on the condition that it cannot be used in court. The case is currently in the pretrial phase and is subject to a publication ban.

Canadian media reports say the Royal Canadian Mounted Police believes India used alleged mob figure Lawrence Bishnoi to arrange the killing.

The case has remained a major strain in India-Canada relations since then Canadian Prime Minister Justin Trudeau publicly alleged Indian involvement in September 2023. India has repeatedly denied any role and called the accusations “absurd” and “motivated,” saying Ottawa has failed to provide “specific and relevant” evidence.

Since taking office, Prime Minister Mark Carney has increased engagement with India and is seeking to expand trade ties.

Nijjar was shot dead on June 18, 2023, outside the Guru Nanak Sikh Gurdwara in Surrey, where he served as president of the gurdwara management.

In a related development, Indian national Nikhil Gupta recently pleaded guilty in the United States to three charges linked to an alleged plot against Sikhs for Justice general counsel Gurpatwant Pannun. The United States Attorney for the Southern District of New York linked the case to Nijjar’s killing, stating: “ On or about June 19, 2023, the day after the Nijjar murder, Gupta told the UC that Nijjar ‘was also the target’ and ‘we have so many targets’ in light of Nijjar’s murder, there was ‘now no need to wait’ on killing the Victim,” the statement issued by US attorney office stated.

Nijjar, an Indian-origin Khalistani separatist, had been declared a “wanted terrorist” by India for alleged involvement in violent and subversive activities. The National Investigation Agency listed him as wanted in at least four cases, including a conspiracy to kill a Hindu priest in Punjab’s Phillaur in 2021, and announced a cash reward of Rs 10 lakh for information about him in July 2023. Authorities also issued a notice to seize his property in India.

Originally from Bhar Singhpura village in the Phillaur area of Jalandhar district, Nijjar moved to Canada in 1997, though it is unclear whether he had valid documents at the time. He later worked as a plumber while living abroad.

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