Canada’s justice department is now asking a Federal Court to allow it to withhold certain sensitive national security evidence in the ongoing trial related to the killing of Khalistani terrorist Hardeep Singh Nijjar. Federal lawyers representing the Attorney General have filed an application under Section 38 of the Canada Evidence Act, arguing that making some information public could be “injurious to international relations and national security,” according to a report by Global News.
The move comes as the case continues to strain ties between India and Canada. Canadian Prime Minister Justin Trudeau had publicly said in September 2023 that Indian agents were involved in Nijjar’s murder. However, Indian officials have consistently said that Ottawa has not shared any concrete evidence to back up its claims.
No evidence shared with India
Senior Indian security officials had earlier stated that Canada had not provided any evidence, either through diplomatic or intelligence channels, to support the allegations of Indian involvement. They said that even before the G20 summit in New Delhi, neither Ottawa nor Washington shared any intelligence inputs regarding Nijjar’s killing.
'Still waiting for evidence': EAM Dr Jaishankar says India is open to probe in Hardeep Singh Nijjar case if Canada provides some proof pic.twitter.com/VuQXDxPxzT
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Canadian National Security Advisor Jody Thomas had met her Indian counterparts before the summit, but, according to Indian officials, no evidence was presented linking India to the crime. One official had dismissed Trudeau’s statement of a “credible allegation,” calling it an oxymoron, and maintained that no credible proof had been shared at any stage. India has repeatedly denied any role in the killing and said it is willing to cooperate if Canada follows proper legal processes.
The Background of the case
Nijjar was shot dead on 18th June, 2023, outside the Guru Nanak Sikh Gurdwara in Surrey, British Columbia, where he was the president. The incident triggered a major diplomatic row between the two countries.
Hardeep Singh Nijjar was a notorious Khalistani terrorist. He was involved in anti-India activities and was designated a wanted criminal by the Indian Government. Nijjar was born in Bhar Singhpura in Jalandhar. He served as the President of the Guru Nanak Sikh Gurdwara Sahib in Canada. His name was recently added to the list of designated terrorists by the Indian Government.
An award of Rs 10 lakh was announced against Nijjar by the National Investigation Agency (NIA) for his role in a conspiracy to assassinate a Hindu priest in Jalandhar, Punjab. The Khalistan Tiger Force (KTF), under Nijjar’s leadership, was named as accused in this conspiracy. Additionally, Nijjar had ties to the Khalistani terrorist organisation Sikhs For Justice.
The Royal Canadian Mounted Police (RCMP), according to Canadian media reports, suspects that India may have used gangster Lawrence Bishnoi to orchestrate the killing. In May 2024, four Indian nationals, Amandeep Singh, Karanpreet Singh, Karan Brar and Kamalpreet Singh, were arrested in Alberta and Ontario in connection with the case.
The British Columbia Prosecution Service, which is handling the case against the four accused, has declined to comment on the Federal Court proceedings, saying the matter remains in the pretrial stage and is under a publication ban.
The decision to seek permission to seal parts of the evidence has drawn attention in legal and diplomatic circles, especially as India continues to say that no specific and relevant evidence has been shared to support Canada’s serious allegations.
