Campaigners working on behalf of a Scot released from an Indian jail after almost nine years have said he remains in a “really dangerous and precarious situation”.
Dan Dolan, deputy chief executive of human rights organisation Reprieve, said although Jagtar Singh Johal was released from prison on bail on Thursday, he is “still in really grave danger” and under “very serious restrictions” in Delhi.
Both he and Mr Johal’s local MP Douglas McAllister are calling on the Foreign Office to strike a deal with the Indian government that can bring the Scot home.
Arrest and bail conditions
Mr Johal, a human rights activist from Dumbarton, travelled to India to get married in 2017, but just weeks later he was arrested over alleged terrorism offences, with his supporters saying he was tortured.
Those campaigning on Mr Johal’s behalf say while he has been released from prison he still faces restrictive bail conditions and has had to surrender his passport – while also still facing trial in a number of remaining cases which could end in capital punishment.
Mr Dolan told BBC Radio Scotland’s Breakfast programme that while Mr Johal “may have walked out of the prison, he is not a free man”.
Campaigner’s warning
The campaigner said: “He is still facing the death penalty on what are completely trumped-up political charges, which are based on a confession he gave under torture, so it is a forced confession.
“While he’s in Delhi he’s under extremely stringent bail conditions. He is not able to travel without permission to see his family elsewhere in the country, he is not able to speak about the case.
“His safety and security is under question because he doesn’t have family in Delhi, he has just been released into the city.
“It’s a really dangerous and precarious situation for him, not least because the death sentence remains hanging over his head.”
He insisted: “What needs to happen is the UK Foreign Office needs to negotiate with its Indian counterparts and get Jagtar back to his home and family back to Dumbarton.
“We really need to bring this to a close now, it has dragged on far too long.”
MP calls for action
Mr McAllister, the MP for West Dunbartonshire, said “the fight is not over”.
Speaking about Mr Johal, the MP said: “He’s subject to bail, but he can’t leave India.
“There are eight outstanding cases hanging over him. These charges, if convicted, carry the death penalty.
“So successive governments and successive foreign secretaries have failed Jagtar previously.
“Their actions haven’t been good enough, and our new Foreign Secretary must push much harder now to bring a swift conclusion to these cases.”
The Labour MP said Foreign Secretary Ed Miliband had recently assured him the case remains a priority for him.
He said the Government needs to “reset” its approach to fighting the “ongoing injustice” and push harder for a diplomatic solution.
Calling for action from Mr Miliband, Mr McAllister said: “He has to do more to bring Jagtar home, to bring him home to Dumbarton, to his family where he belongs.”
Family and legal context
On Thursday, Mr Johal’s brother Gurpreet Singh Johal told the Press Association his release was “a moment of joy, but also of sorrow” given it had taken nearly nine years “to get to this stage”.
Mr Johal was acquitted last year in a case in which he was accused of financially supporting a terror group, but he still faces federal charges in the country related to the same allegations.
A group of UN experts said his imprisonment is an example of arbitrary detention, where a person is jailed without a legal basis, and said he has endured “a form of psychological torture”.
Indian authorities have previously denied the torture claim and have repeatedly maintained due process is being followed.
A UK Government spokesperson said: “We are in contact with the family of Jagtar Singh Johal following his release on bail.
“The UK has consistently raised concerns about Mr Johal’s prolonged pre-trial detention and the importance of a full investigation into the allegations of torture and mistreatment.”
The spokesperson said his release on bail is “not the end of the process”, and “we will continue to provide consular support to Mr Johal and his family”.
It is understood the Foreign Secretary most recently raised the issue with his counterpart on September 24.
