Four senior lawyers, including former attorney general Dominic Grieve, have written to Prime Minister Keir Starmer urging him to request that Indian prosecutors drop charges against British national Jagtar Singh Johal. They argue that continued prosecution would breach the double jeopardy rule, which prevents someone from being tried twice for the same offence.
Johal has been held in an Indian jail for eight years. In March last year, a court in Punjab acquitted him of terrorist charges, finding that prosecutors had “miserably failed” to present reliable evidence. Despite this, Johal faces eight essentially duplicate cases filed by India’s National Investigation Agency (NIA), all based on the same “confession” that supporters claim was signed under torture.
The letter, also signed by barrister Lady Helena Kennedy, former Lord Advocate Dame Elish Angiolini, and Geoffrey Robertson KC, states that it would be “entirely appropriate” for the UK government to ask India to drop the remaining case. They note that Indian domestic proceedings would have acquitted Johal of all charges.
The lawyers emphasize that double jeopardy is a fundamental principle in international law, recognized in over 50 national constitutions and firmly established in common law jurisdictions including India and the UK. They argue that requesting Johal’s release would show due deference to the Indian legal system.
Johal’s brother Gurpreet, based in Dunbarton, said: “The prime minister needs to recognise this is not a legitimate legal process – it is a rigged game designed to punish my brother for his human rights activism. Sir Keir Starmer knows arbitrary detention when he sees it. It’s time for him to show some leadership and bring Jagtar home.”
