British Sikhs Unite to Defend British Legal Principle: Innocent Until Proven Guilty

A right is not what some one gives you but it is what no-one can take from you. (Rosemary Clarke)*

A recent case involving a prominent Sikh social worker has united British Sikhs at a Derby Sikh Conference on 24 January 2026 also attended by many delegates from abroad. Such rare unity of diverse jathebandis in the UK suggests that their own British government needs reminding, through the law courts if necessary, that a person is innocent until proven guilty.

Use of any Executive Order which goes against the spirit of that legal maxim is likely to be contested to the highest levels of the judiciary process. Executive orders have a purpose and are used as temporary measures only. Nevertheless, they must be in line with parliamentary sovereignty and rule of law. They can be contested before law courts if used unfairly to intimidate law-abiding citizens. All citizens are entitled to protection of fundamental human rights. Legal principles are based on parliamentary sovereignty, an independent judiciary and the rule of law. All, including the government, are equal before the law and bound to uphold the law of the land.

The rule of law is a founding constitutional principle. To quote a source: It ensures that all persons, including the government, are subject to and accountable under the law, which must be publicly promulgated, equally enforced, and independently adjudicated. It prevents arbitrary state power, ensures legal certainty, and protects fundamental rights. 

This core right protects against wrongful conviction, placing the burden of proof entirely on the state, and is enshrined in international human rights law, like the Universal Declaration of Human Rights (Article 11) and the European Convention on Human Rights (Article 6). 

The House of Lords Mandla Case (1983) and other legal cases in Sikh diaspora countries provide historical proof that Sikhs will not accept any unfair or discriminatory treatment lying down. That is not the Sikh history from Guru Nanak Dev to this day. The Khalsa Panth is a resistance movement against oppression anywhere in the world. Yet, Sikhs will always work closely with just regimes. The basic human rights and democratic principles of today are the Sikhi founding principles going back over five centuries.

Wherever the Sikh live as law-abiding citizens, they will defend their rights through the law courts. In addition to the famous House Lords Mandla case(1983) regarding Dastar and Kes and Sikh ethnicity (qaumi ID), there are many examples of successful cases in diaspora countries.

International forums like the UN are being replaced by multipolar arrangements and democratic principles are being eroded by authoritarian regimes and transactional politics. In the multipolar world today, bilateral trade agreements have taken over from open and accountable multilateral World Trade Rounds which promoted global rules for fair trade and protection of human rights to create a level playing field. In such bi-lateral talks much goes on behind the scenes.

Today, there is much concern amongst minorities in plural societies that topics of national concern and unrelated to trade can become part of bilateral deals. Minorities can be harassed by the state and that can lead to protests and legal action wasting community and government resources.

The government is not above the rule of law. Like everyone else, the government is bound by the law.  The law of the land must rule over trade/transactional considerations

*Quoted by Sukhvinder Thandi in State Policy and Legislation Affecting Sikhs, SHRG 2001)

Gurmukh Singh OBE

E-mail: sewauk2005@yahoo.co.uk

https://www.sikhiwiki.org/index.php/Gurmukh_Singh_OBE