The release on bail of a Scottish man detained in India for nearly nine years without conviction has been described by his brother as a “moment of joy but also of sorrow”.
Jagtar Singh Johal, from Dumbarton, was arrested by Indian authorities in 2017 over alleged terrorism offences, just weeks after his wedding. Reprieve confirmed that the 39-year-old was released from prison on Thursday morning.
The Delhi High Court had previously announced that Mr Johal had been granted bail, but he was only able to leave prison after a further delay. His brother, Gurpreet Singh Johal, told the Press Association that the release had been a source of relief, while also highlighting the nearly nine years it had taken to reach that point.
Gurpreet Singh Johal, a solicitor and councillor, said his brother was “relieved” after believing he would not be released until the following week. He described the wider ordeal as “a long circus” and accused the UK Government of not doing enough.
“The last nine years, public support is what has got us to this stage,” he said. “It’s not been the support from the UK Government.”
He said the priority now was to bring Jagtar home. The family did not believe it was safe to travel to India to see him, he added, and he urged the UK Government to take further action.
Mr Johal’s supporters said he faces restrictive bail conditions and has had to surrender his passport. He remains on trial in several cases which, they said, could end in capital punishment.
Earlier, Gurpreet said he had not dared to believe his brother would be released until he saw him leave the prison.
“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,” he said.
He described the previous two weeks as “torture”, saying the family knew that bail had been granted but that the authorities had refused to release Jagtar.
“I’ll sleep well tonight, knowing that he’s not behind bars,” he said. “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.”
The UK Government 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”.
A government spokesperson said officials were in contact with Jagtar Singh Johal’s family following his release on bail and stressed that bail was not the end of the process.
“Today’s bail is not the end of the process and we will continue to provide consular support to Mr Johal and his family,” the spokesperson said.
Mr Johal was acquitted last year in a case in which he was accused of financially supporting a terror group. However, he still faces federal charges in India related to the same allegations.
A group of UN experts said his imprisonment was an example of arbitrary detention, describing it as detention without a legal basis. The experts also said he had endured “a form of psychological torture”. Indian authorities have previously denied the torture allegation and repeatedly maintained that due process was being followed.
Scotland’s First Minister, John Swinney, described the release as “a step forward and a welcomed one”.
“I’m very pleased to hear that Jagtar Singh Johal has been released from prison,” he said. “This has been a long and difficult period for him and for his family, and I am glad to reach the point where the process can take its course without him being imprisoned.”
Mr Swinney said he would like to see Mr Johal return to Scotland, while acknowledging that the Indian judicial system would determine the conditions attached to his release.
“It’s really welcome news that he’s been released from prison after such a long wait,” he said.
Reprieve deputy executive director Dan Dolan said the release meant that Mr Johal was spending his first night in almost nine years outside a prison cell, but warned that the threat of a death sentence remained.
He said that, despite bail having been ordered, 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 said Mr Johal remained on trial in cases that could last for decades and end in capital punishment. He described the allegations at the centre of the cases as baseless, while noting that one had been thrown out in court for lack of evidence.
“His bail conditions deny him any semblance of a normal life,” he said.
Mr Dolan called on the Foreign Secretary to find a way to bring the British citizen home to his family in Scotland as soon as possible.
For Mr Johal’s family, the release has therefore marked both a significant moment and the continuation of a legal and diplomatic struggle. Although he is no longer in prison, he remains subject to bail conditions and ongoing proceedings in India.
