A dramatic late intervention by a judge has thrown Sir Keir Starmer’s beleaguered plans to hand over the Chagos Islands to Mauritius further into chaos.
Justice James Lewis ruled from a flight at around 25,000ft in the air on Thursday to temporarily block an order removing the islanders, who had landed earlier this week.
The decision adds to the prime minister’s growing nightmare over the islands after US president Donald Trump declared this week that he was opposed to the deal in a move which could veto Sir Keir’s plans.
The judgment comes after four Chagos islanders landed on one of the Indian Ocean archipelago’s islands on Tuesday to establish what they say will be a permanent settlement, in a move they hope will complicate a British plan to transfer the territory to Mauritius.
The “advance party” was led by Misley Mandarin, the elected Chagossian first minister who has pledged to establish a permanent resettlement on Île du Coin, part of the coral atoll of Peros Banhos.
“We, the people of the Chagos Islands, stand today on the soil of our homeland,” the party announced in a “Declaration of Return”, adding: “We are the advance party. Hundreds more are following. We have come home.”
They were served with papers to leave the islands on Wednesday, but their lawyer James Tumbridge successfully applied for an injunction.
The move came as their representatives this week also applied for a new judge in the UK case to challenge the plans by Sir Keir’s government to hand over the islands to Mauritius.
The ruling by Justice Lewis, chief justice of the British Indian Ocean territory, was based on the delay in the UK case by the islanders challenging the government’s plans for the island and complaining they were not properly consulted.
The islanders were removed between 1967 and 1973 as part of the security arrangements for the top-secret Diego Garcia base operated by the UK and US.
Justice Lewis said: “There is no doubt the balance of convenience falls on the side of the claimants (the islanders). They are 120 miles from Diego Garcia and pose no threat to national security on the evidence before me.
“If they are deported they will have great difficulties in returning. In my judgment the claimants have made out their application in the light of no response or engagement by the commissioner.
“It follows that I grant a temporary injunction against the enforcement of the s.12 (removal) notices. This injunction will remain in place for seven days to allow the defendants to file a response.
“In the absence of a response the injunction will remain in force until determination of the judicial review application. At the expiry of seven days I will make further order if the defendant files a response.”
Meanwhile, sources close to the Trump administration have said that the president has decided to object to the deal because the US has learnt that China and India could be negotiating to get control of different islands in the archipelago.
President Trump is also believed to be angered by Sir Keir refusing the US permission to use RAF bases to strike Iran. There are also fears that the UK is now feeding Mauritius military information about the use of Diego Garcia in line with the deal to lease back the base.
The Independent has contacted the Foreign, Commonwealth and Development Office (FCDO) for comment.
