Blue Star tribunal focusses on Indian sensitivities

Blue Star tribunal focusses on Indian sensitivities

Context:

• A tribunal on whether further details of British involvement in the run-up to the 1984 Operation Blue Star should be made public was set to conclude.

Explanation:

• It is important to come to a conclusion as the issue of Indian sensitivities around Sikh separatism both past and present and its potential impact on U.K.-India bilateral relations took centre stage.
• Counsel for the Cabinet Office sought to argue against further Cabinet Office and Prime Ministerial documents to be made public on the ground that they related to discussions involving intelligence services and that issues around separatism continued to be viewed as a “threat to the existence of the Indian state” and of the “highest sensitivity.”
• Counsel leading the appeal for the publication of the documents argued that “serious human rights abuses were committed against the Sikh community in India” and that the public disclosures were necessary to fully understanding the wider factors influencing the relationship and the context of what was done.
• There had been little sign in the evidence presented to the court that the issue remained a highly sensitive political issue in India, with the potential to damage bilateral relations, pointing to the failure of Britain to consult India on the 2014 disclosures.

Concluding session:

• In the concluding session, the Cabinet Office’s counsel focused on the Section 23 exemptions, as well as exemptions relating to Section 27 of the same Act relating to impact on a diplomatic partner.
• Summing up the conclusions of the FCO witnesses, the expectations of the Indian government would be that Britain would apply “particular importance to questions of confidentiality” and that there remained “particularly sensitivities” around the issue of Sikh separatism.
• However, the appellant’s position that there was little evidence to support the Cabinet Office position regarding current Indian sensitivities about further disclosures, was also supported by the Counsel for the Office of Information Commissioner.

India’s view:

• Sources have suggested India holds a neutral position on the issue.
• Because viewing the decision on whether to release further information on the case is a purely domestic matter for Britain.