Jagtar Singh Johal, a Scottish activist released from an Indian jail on bail after almost nine years, remains in a “really dangerous and precarious situation,” according to a human rights organisation.
Dan Dolan, deputy chief executive officer of Reprieve, said that although Mr Johal walked out of prison on Thursday, he is “still in really grave danger” and under “very serious restrictions” while in Delhi. Both Mr Dolan and Mr Johal’s local MP, Douglas McAllister, are calling on the Foreign Office to negotiate a deal with the Indian government to bring the Scot home.
Arrest and bail conditions
The 38-year-old human rights activist, from Dumbarton, travelled to India in 2017 to get married, but was arrested weeks later over alleged terrorism offences. Campaigners say he was tortured. Those campaigning on his behalf say he still faces restrictive bail conditions and has had to surrender his passport, while still facing trial in several remaining cases that 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.” He 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.”
Safety concerns and calls for action
“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,” Mr Dolan continued. “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.” Mr Dolan added: “We really need to bring this to a close now, it has dragged on far too long.”
His comments came after Douglas McAllister, the MP for West Dunbartonshire, insisted that as far as the case is concerned, “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.”
Political pressure and family reaction
Mr McAllister, Labour MP for West Dunbartonshire, said Foreign Secretary Ed Miliband earlier this month assured him the case remains a priority and called on him to press for a swift resolution. 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, he insisted: “He has to do more to bring Jagtar home, to bring him home to Dumbarton, to his family where he belongs.”
Dozens of politicians have supported calls for the UK Government to step in to free Jagtar across the political divide. Iain Duncan Smith MP said the remaining cases against the Scot must be dropped. He said: “After almost nine years, I am pleased to hear Jagtar Singh Johal is finally out of prison. But let’s be clear: this is not freedom. Onerous bail conditions remain and serious questions over double jeopardy and alleged evidence obtained through torture cannot be ignored. Many of us have campaigned for Jagtar for years. The remaining cases must now be dropped and the British Government must press for him to come home.”
David Davis MP added: “I am pleased to see Jagtar Singh Johal has been released on bail from prison in India. Jagtar is a British national who, for almost nine years, has been arbitrarily detained in India. He has suffered torture at the hands of the police there. This is an important moment. However, more now needs to be done. The UK Government must do everything in its power to bring him home.”
On Thursday, Mr Johal’s brother, Gurpreet Singh Johal, told the Press Association his release was “a moment of joy but also of sorrow” that it has 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. The UK Government has been approached for comment.
