Ottawa: The Canadian government has decided to file a Direct Indictment against four Indian nationals in connection with the murder of Khalistani terrorist Hardeep Singh Nijjar. This decision halts the ongoing preliminary hearings in Surrey Provincial Court and shifts the case directly to the Supreme Court for trial.
According to The Indian Express, a spokesperson for the BC Prosecution Service confirmed the move. A direct indictment means the case bypasses preliminary hearings, denying the defense lawyers the opportunity to cross-examine prosecution witnesses and gather evidence against the charges.
Why a Direct Indictment?
Under Canadian Criminal Code, a direct indictment is a rare legal measure used when public interest necessitates it, such as concerns over the safety of witnesses, their families, or informants.
Who are the Accused?
The four accused, Indian nationals Karan Brar, Amandeep Singh, Kamalpreet Singh, and Karanpreet Singh, were arrested in May 2024. They face charges of first-degree murder and conspiracy to murder for allegedly killing Nijjar on June 18, 2023, in the parking lot of a gurdwara in Surrey, British Columbia. The accused remain in police custody, with no bail granted.
Next Steps in the Case
Initially scheduled for November 21, 2024, in Surrey Provincial Court, the hearing has been canceled. The case is now set for a case management conference in the Supreme Court on February 11, 2025.
Damien Darby, a spokesperson for the BC Prosecution Service, stated that the direct indictment was filed on November 18, 2024. The accused appeared in the Supreme Court via video conference for the first hearing, and an interim publication ban has been placed on hearing details at the prosecution’s request.
Trial Timeline Uncertain
Authorities have not set a trial date, as several pre-trial motions are expected to be filed. The process could take considerable time. Canadian Prime Minister Justin Trudeau has previously alleged India’s involvement in Nijjar’s murder, claims that India has dismissed, citing a lack of concrete evidence.
Witnesses and Evidence
The prosecution has stated that no additional suspects have been charged at this time. Relevant witnesses will be called to testify during the trial. The list of witnesses, typically filed before trial begins, has not yet been submitted.
The prosecution alleges that the conspiracy to murder Nijjar was planned between May 1, 2023, and June 18, 2023, in Edmonton, Alberta, and Surrey, BC. Nijjar was killed on June 18, 2023.
What is a Direct Indictment?
A direct indictment bypasses preliminary hearings and sends the case directly to trial in a higher court. While the process is common in Canada, it has no direct counterpart in Indian law. It shares similarities with Section 209 of the Indian Code of Criminal Procedure (CrPC), where lower courts transfer cases involving serious offenses to sessions courts for trial.