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The Canadian government has decided to pursue a “direct indictment” against four Indian nationals accused of killing Khalistani separatist leader Hardeep Singh Nijjar. As a result, pre-trial proceedings in the Surrey Provincial Court have been stayed, and the case will now proceed directly to the Supreme Court, a spokesperson for the BC Prosecution Service told The Indian Express.
A direct indictment means the case will go directly to trial without a preliminary hearing. This bypasses a crucial stage where the accused’s defense counsel would have the opportunity to cross-examine prosecution witnesses and discover the case against their client before the actual trial begins.
Under the Canadian Criminal Code, direct indictment is a special power used sparingly, recognizing the Attorney General’s constitutional responsibility to ensure that those who ought to be brought to trial are indeed brought to trial. It is typically invoked only in specific circumstances of public interest, such as when there is reasonable concern for the safety of witnesses, their families, or informers.
The four accused Indian citizens—Karan Brar, Amandeep Singh, Kamalpreet Singh, and Karanpreet Singh—were due to appear in the Surrey Provincial Court for a hearing on November 21, but that has been canceled. They will instead appear on February 11, 2025.
There is no tentative date or timeline for when the trial is expected to begin, officials say. Judicial proceedings against the four men, arrested in May this year for the June 18, 2023, murder of Nijjar on the premises of a gurdwara in Surrey, British Columbia (BC), have made no substantive progress. The case has been adjourned five times since the arrest of the accused. All four have been charged with first-degree murder and conspiracy to commit murder.
Responding to a questionnaire by The Indian Express, Damienne Darby, Communications Counsel, BC Prosecution Service, Ministry of Attorney General, said: “On Monday, November 18, 2024, the Crown directed a stay of proceedings in relation to the Surrey provincial court file 256562-2C, as we are now proceeding by way of a direct indictment in Supreme Court (New Westminster court file 86086-1). The November 21 appearance in provincial court was canceled given the matter is now proceeding in Supreme Court.”
A direct indictment bypasses a crucial stage where the accused’s counsel would have the opportunity to cross-examine prosecution witnesses before the actual trial begins. Under Canada’s criminal code, direct indictment is a special power used sparingly, recognising the Attorney General’s constitutional responsibility to ensure that those who ought to be brought to trial are indeed brought to trial. It is typically invoked only in cases involving public interest, such as when there is reasonable concern for the safety of witnesses, their families, or informers.
The first appearance on the Supreme Court matter was held on November 18, and the accused appeared by video, except for Amandeep Singh, who appeared through counsel designation, Darby said. On application by the Crown, and with no opposition from defense counsel, the court imposed an interim publication ban regarding pre-trial conferences and case management conferences.
The next appearance is scheduled for February 11, 2025, at 9 a.m. for a case management conference, the official said. “Scheduling of the pre-trial applications and the trial dates will occur sometime in the new year. There will be a number of pre-trial applications before the trial commences, but we are unable to provide an estimate at this time for the length of the pre-trial phase,” said the BC Prosecution Service official.
Canadian Prime Minister Justin Trudeau and other officials have repeatedly claimed to have provided credible evidence of links between Nijjar’s killers and the Indian government. India, however, has denied these claims, asserting that Canada has not provided “a shred of evidence” over the past year since Trudeau first alleged an Indian hand in the murder in September 2023.
All four accused, who allegedly acted as shooters, drivers, and spotters on the day Nijjar was killed, remain in police custody and have not had a bail hearing yet.
Prosecutors maintain that “no one has been charged other than the four accused,” but they can call “any witness who has relevant and admissible evidence to give in relation to the charges.” However, they clarified that witnesses within Canada can “generally be compelled to testify in a Canadian court, while witnesses outside Canada generally cannot be compelled to testify.”
The witness list has not yet been filed in court. Darby added that “witness lists are generally filed closer to the commencement of the trial.” The case is presently in the pre-trial stage.
Ann Seymour, Acting Communication Counsel at BCPS, explained: “The conspiracy to commit murder is alleged to have been committed from May 1, 2023, until June 18, 2023, in Edmonton, Alberta, and Surrey, BC, and the murder is alleged to have been committed on June 18, 2023, in Surrey, BC.”
They also indicate that more details and evidence pertaining to the case will be presented in the court during the trial. “Since one of the charges is conspiracy to commit murder, one would expect that evidence will be led during the trial to prove this charge,” explains Seymour.
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