In a significant blow to India’s attempts to secure their release, a court in Qatar handed down the death sentence on Thursday to eight former Indian Navy personnel who had been arrested on charges of espionage.
The eight former Indian Navy personnel have been in jail since August 2022. They have been granted consular access and New Delhi has been working to secure their release, the men went to trial in March. The charges against them were not made public by Qatari authorities and Indian authorities, the former Navy Personnel were working in their private capacity for AI Dahra Global Technologies and Consultancy Services providing training and related services to Qatar’s armed forces and security agencies. Their bail pleas were rejected numerous times and their detention was extended by Qatari authorities.
The Indian government expressed shock over the sentencing and said it is exploring all “legal options”.
The arrested Indians were identified as Captain Navtej Singh Gill, Captain Birendra Kumar Verma, Captain Saurabh Vasisht, Commander Amit Nagpal, Commander Purnendu Tiwari, Commander Sugunakar Pakala, Commander Sanjeev Gupta and Sailor Ragesh , all ex-Indian Navy including some decorated officers, employed by Dahra Global.
Commander (retired) Purnendu Tiwari, who is among the detained Indians, served as Al Dahra’s managing director and commanded several warships while serving with the navy. Charges were also framed against two Qatari nationals, one of whom is Khamis al-Ajmi, CEO of Dahra Global. Al-Ajmi was kept in solitary confinement for a period of two months starting in October 2022 until he was granted bail and against an Omani national, who had also been detained, was released just before the beginning of the FIFA Football World Cup.
According to some anonymous sources, the ex-Navy personnel were held in solitary confinement for long spells, it is reported that an Indian journalist and his spouse were recently ordered by Qatari authorities to leave the country for reporting on the case. Deepak Mittal, former Indian Ambassador to Doha, met the detainees thrice during their detention by the authorities.
The case is in what is called ‘The Court of First Instance’, with four hearings already conducted. The families have submitted a Mercy Plea to the Emir of Qatar, who has a history of granting pardons during Ramadan and Eid. The Indian government has addressed this issue through official and political channels at multiple levels. Much like how a foreign national under trial in India cannot be released without due process, other countries also have their own legal procedures.
The Ministry of External Affairs(MEA) on Thursday said, “We have initial information that the Court of First Instance of Qatar has today passed a judgment in the case involving eight Indian employees of Al Dahra company. We have initial information that the Court of First Instance of Qatar has today passed a judgment in the case involving eight Indian employees of Al Dahra company."
The MEA said it will continue to extend all consular and legal assistance to the Indians.
It also said, “We are deeply shocked by the verdict of the death penalty and are awaiting the detailed judgment. We are in touch with the family members and the legal team, and we are exploring all legal options,”
“We attach high importance to this case and have been following it closely. We will continue to extend all consular and legal assistance. We will also take up the verdict with Qatari authorities,” it said in a statement.
“Due to the confidential nature of proceedings of this case, it would not be appropriate to make any further comment at this juncture,” it said.
Corollary with Enrica Lexie case
In its approach to the current case, Delhi is employing a strategy similar to the one used in the Enrica Lexie-Italian Marine case. In the Enrica Lexie case, the Indian government adhered to international laws, including the Maritime Zones Act of 1976, the Indian Penal Code, the Code of Criminal Procedure, and provisions outlined in UNCLOS 1982.
The case adhered to due process of law, aligning with both national and international legal standards. India remains dedicated to upholding these principles in the matter concerning the eight former Navy personnel in Qatar.
Test of Qatar-India ties
The case in Qatar poses a challenge to India’s relationship with the influential Gulf state, with whom it has sought to foster friendly relations. Prime Minister Narendra Modi made a visit to Qatar in June 2016, while in March 2015, the Emir of Qatar, Sheikh Tamim bin Hamad Al Thani, undertook a State Visit to India.
PM Modi was told that "Qatar is his second home", that is the warmth that he was met with: MEA #ModiInQatar
— ANI (@ANI) June 5, 2016
Given Qatar’s substantial role in global diplomacy, from hosting the Taliban’s international office in Doha to its current efforts in facilitating the release of US hostages held by Hamas, Delhi will be actively engaging with the Qatari authorities to navigate this situation.
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