Newly appointed Foreign Secretary Ed Miliband has been urged to take action over the case of a Dumbarton man who has been detained in India for nearly nine years. Jagtar Singh Johal was arrested by Indian authorities in 2017, weeks after his wedding, and has remained in custody ever since.
Last year, Mr Johal was acquitted in a case accusing him of financially supporting a terror group. However, he still faces federal charges related to the same allegations. The UK Government has repeatedly raised the case with Indian counterparts but without resolution.
MP Calls for Urgent Action
West Dunbartonshire MP Douglas McAllister has written to Mr Miliband, who took up the role of Foreign Secretary in Prime Minister Andy Burnham’s cabinet last week. In the letter, Mr McAllister urged that securing Mr Johal’s release be treated as an immediate and sustained priority.
Mr McAllister wrote: “Given the seriousness of the recent intervention by ten UN Special Rapporteurs and independent experts, and the continuing risks to Mr Johal’s life, it is essential that the United Kingdom adopts a more assertive and proactive approach in its engagement with the Government of India.”
He added: “We understand that your predecessor raised Mr Johal’s case during their recent meetings with Prime Minister Narendra Modi and External Affairs Minister Subrahmanyam Jaishankar, and we welcome her call for a swift resolution. I now ask that you confirm that securing Mr Johal’s freedom will be treated as a matter of urgent priority, and that you will actively and consistently press your Indian counterparts for his immediate release. Mr Johal’s family in Dumbarton have waited nearly nine years for him to come home. I urge you to do everything within your authority to bring this injustice to an end.”
Duplicate Cases and Torture Allegations
Although acquitted of all but one charge, Mr Johal remains detained due to eight additional cases described as “duplicate”. Mr McAllister noted: “Prosecutors had seven years to present credible evidence and failed to do so. Despite this acquittal, Mr Johal has not been released because he continues to face eight further cases which are, in essence, duplicated. All rely on the same so-called confession, his name signed on a blank piece of paper after police tortured him with electricity, brought petrol into his cell, and threatened to burn him alive.”
Campaign group Reprieve has taken up the case, arguing that Indian authorities have no credible case. Dan Dolan, deputy chief executive of Reprieve, said: “An Indian court last year acquitted Jagtar on all charges, for lack of evidence. But he remains detained due to eight zombie cases based on the same allegation and the same torture confession. This kind of double jeopardy is prohibited in India’s constitution and international law. As UN legal experts recently communicated to the Indian authorities, the only just resolution is for the charges to be dropped and Jagtar released immediately. It’s past time for the Foreign Secretary to negotiate with her Indian counterparts and get this done.”
Government Response
A spokesperson for the Foreign, Commonwealth and Development Office said: “We continue to raise concerns about Mr Johal’s prolonged detention at every appropriate opportunity with the Government of India. We have made clear that faster progress is needed to reach a resolution, including a full investigation into Mr Johal’s allegations of torture.”
