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Nijjar killing row: Canada pushes for 'direct indictment' against four Indians, stays pre-trial hearings

Nijjar killing row: Canada pushes for 'direct indictment' against four Indians, stays pre-trial hearings

A sign outside the Guru Nanak Sikh Gurdwara temple carrying image of Sikh leader Hardeep Singh Nijjar.

The government of Canada has taken the decision to go ahead with a "direct indictment" against four Indian nationals who are facing accusations of killing Khalistani separatist leader Hardeep Singh Nijjar, as per Indian media reports.

With this decision, the pre-trial proceedings have been stayed in the Surrey Provincial Court and the case will go directly to the Supreme Court.

The four Indian citizens—Amandeep Singh, Kamalpreet Singh, Karanpreet Singh, and Karan Brar—were earlier set to appear for a hearing in the Surrey Provincial Court on November 21, but now this stands cancelled, and they will appear on February 11, 2025.

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They will appear on February 11 for a case management conference, and their pretrial applications will be scheduled. The four Indian citizens have been kept in holding facilities in Canada.

What does direct indictment mean in Nijjar killing case?

In this case, a direct indictment means that the accused will directly go on trial without any preliminary hearing.

Because of this jump, a crucial stage is skipped where the defence counsel of the accused would get an opportunity to carry out the prosecution witnesses' cross-examination and understand the case against their client before the start of the actual trial.

A direct indictment is a special power that is used sparingly, as per the Canadian Criminal Code.

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It recognises the constitutional responsibility of the Attorney General to ensure those who need to be tried are indeed being tried.

It is generally invoked in specific circumstances of public interest, like when the safety of witnesses or their families is a concern.

On June 18, 2023, Nijjar was killed in Surrey, which led to turbulence in India-Canada ties after Canadian Prime Minister Justin Trudeau made “credible allegations” of a potential link between the killing and Indian agents. Reacting to this, India called the charges "motivated" and "absurd".

(With inputs from agencies)

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