Jagtar Singh Johal, a Scottish man detained in India for nearly nine years without conviction, has been released from prison on bail. The 39-year-old from Dumbarton was arrested in 2017 over alleged terrorism offences, just weeks after his wedding.
On Thursday, human rights organisation Reprieve confirmed his release. The Delhi High Court had previously announced that bail had been granted, but Mr Johal was only able to walk free on Thursday morning.
Restrictive bail conditions
Mr Johal’s supporters say he faces restrictive bail conditions and has had to surrender his passport, while remaining on trial in several cases which could end in capital punishment. His brother, Gurpreet Singh Johal, said he had completed all necessary paperwork needed to grant him his freedom.
Referring to his brother’s release on Thursday, Gurpreet Singh Johal said: “There have been so many setbacks and disappointments in the last nine years that I didn’t dare to believe it until I saw Jagtar walking out of the prison gates with my own eyes.
“The last two weeks have been torture – knowing that Jagtar had been granted bail but the authorities were refusing to let him out.
“I’ll sleep well tonight, knowing that he’s not behind bars. Tomorrow morning, the fight continues, because he’s still on trial and facing the death penalty for something he didn’t do, trapped in a sham legal process designed to punish him for standing up for human rights.
“We’ll keep on fighting until he’s home with us. Now it’s over to the UK Government to get it done.”
Ongoing legal proceedings
Reprieve deputy executive director Dan Dolan said: “While tonight is the first night in almost nine years that Jagtar Singh Johal is not caged in a prison cell, he still has the threat of a death sentence hanging over him.
“It should also be noted that despite bail being ordered, the prison refused to release Jagtar until his family brought a habeas corpus petition and a judge warned the jail they’d be found in contempt of court.
“Jagtar remains on trial in cases that could last for decades and end in capital punishment, centred on a baseless allegation that has been thrown out in court for lack of evidence.
“His bail conditions deny him any semblance of a normal life.
“The Foreign Secretary should seize the moment and find a way to bring this young British citizen home to his family in Scotland as soon as possible.”
Political reaction
Scottish First Minister John Swinney previously welcomed news that he was to be released. Mr Swinney said: “The Scottish Government has consistently called for Mr Johal’s release and repeatedly raised concerns about his prolonged detention, including in light of the findings of the UN Working Group on Arbitrary Detention.
“While I recognise that legal proceedings remain ongoing, this is a significant and positive development for Mr Johal, his wife and his family, who have campaigned tirelessly on his behalf.”
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.