Sikh lawyer ‘treated like a criminal’ and told to remove kirpan
ITEM IS AN ARTICLE OF FAITH
A SIKH lawyer has described being “treated like a criminal” after he was told to remove his kirpan by court security at Ealing Magistrates Court last Thursday.
Jaskeerat Singh Gulshan’s brother was also asked to remove his kirpan.
A kirpan is one of the five K’s in the Sikh religion. It is an article of faith and must be worn at all times by baptised Sikhs. It’s often described as a dagger or a miniature sword, which is what it resembles, but that description is so far removed from the purpose of a kirpan as to make it misleading.
Jaskeerat, 29, and his brother arrived at Ealing Magistrates Court in West London on Thursday,April 8, as support for a witness.
Jaskeerat is co-founder of Sikh Lawyers Association and is an immigration and family lawyer.
He has been attending courts for the past seven years.
At Ealing Magistrates Court he was asked to remove his kirpan or be denied entry.
According to the Ministry of Justice’s official guidance, a kirpan worn in court must have a fourinch blade and two-inch handle.
Jaskeerat, who lives in Southall, disputed this with the staff at Ealing Magistrates Court.
He said: “Are you joking? How can a kirpan be so small? It is not a toy.”
“I’ve been attending courts for the last seven years of my life.
“I’ve also been to the Supreme Court, European Court of Justice, European Court of Human Rights, the Court of Appeal. I’ve never had this problem – why is there a problem here?”
It is legal under the Criminal Justice Act 1988 (section 139/5/b) and Offensive Weapons Act 1996 (sections 3 & 4) for a Sikh to carry a kirpan for religious reasons.
The Criminal Justice Act 1988 safeguards the rights of Sikhs who carry a kirpan, which is a necessary part of their religion.
Jaskeerat said he usually conceals his kirpan under his trousers so as not to cause alarm.
He said: “A lot of people don’t understand it and they don’t know what it is for.”
After arguing with the staff at Ealing Magistrates Court, Jaskeerat left his kirpan in the car in order to be allowed entry into the court.
When he came back he said:
“They were checking me like I was a criminal.
“All of a sudden it became a situation where either I listen to them or I leave the building straight away.”
Jaskeerat also describes being denied entry into the public gallery without sufficient reason.
He said: “There was so much oppressive behaviour.
“It was so rude and arrogant. I had gone there to support a witness, I was allowed to go there. I missed the whole entirety of the case, it was absolutely absurd.”
Jaskeerat said the guidance by the Ministry of Justice is inconsistently deployed and needs to be changed.
“I am seeking legal advice and my aim is to have the policy changed because essentially that kirpan is to protect anyone in need,” he said.
A Ministry of Justice spokesperson said: “We have investigated the facts of this case and security staff followed correct procedure.
“Two other parties were allowed to enter the court wearing kirpans which were in line with HMCTS guidance.
“Where a member of the Sikh community wishes to enter a court building they can bring in a kirpan that meets the following requirements: overall length is not more than six inches and blade is no more than four inches in length.”