Jagtar Singh Johal has been released on bail in India after nearly nine years in detention without conviction, in a development his brother described as a “moment of joy but also of sorrow”.
The 39-year-old Scot, from Dumbarton, was arrested by Indian authorities in 2017 over alleged terrorism offences, weeks after his wedding. Reprieve confirmed on Thursday that he had been released from prison.
Delhi High Court had previously announced that Mr Johal had been granted bail, but he was only able to leave the prison on Thursday morning.
His brother, Gurpreet Singh Johal, told the Press Association that Jagtar was “relieved” after believing he would not be released until the following week. Gurpreet, a solicitor and councillor, said it had taken nearly nine years “to get to this stage” and described the ordeal as “a long circus”.
He accused the UK Government of “not doing much”, saying: “The last nine years, public support is what has got us to this stage. It’s not been the support from the UK Government.”
Gurpreet said the priority was now to bring Jagtar home. He added that his family did not believe it was safe to travel to India to see him and urged the UK Government to take further action.
Supporters say Mr Johal faces restrictive bail conditions and has had to surrender his passport. He remains on trial in several cases that could end in capital punishment.
“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,” Gurpreet said.
He described the previous two weeks as “torture”, saying the authorities had refused to release Jagtar despite bail being granted. He added that the family would continue fighting until Jagtar was home in Scotland.
A UK Government spokesperson said it had “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 added: “We are in contact with the family of Jagtar Singh Johal following his release on bail today. Today’s bail is not the end of the process and we will continue to provide consular support to Mr Johal and his family.”
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 India related to the same allegations.
A group of UN experts has described his imprisonment as an example of arbitrary detention and said he had endured “a form of psychological torture”. Indian authorities have previously denied the torture claim and repeatedly maintained that due process is being followed.
Scotland’s First Minister, John Swinney, said Mr Johal’s release was “a significant step forward and a welcomed one”. He said he would like to see Mr Johal return to Scotland, while acknowledging that the Indian judicial system would determine the conditions of his release.
Reprieve deputy executive director Dan Dolan said that, although Mr Johal was no longer in a prison cell, “he still has the threat of a death sentence hanging over him”. He said the prison had refused to release Mr Johal until his family brought a habeas corpus petition and a judge warned that the jail could be found in contempt of court.
Mr Dolan called on the Foreign Secretary to find a way to bring the British citizen home to his family in Scotland.