‘Major breakthrough’ for Scottish man held in Indian prison after court approves bail
Posted On August , 2023
A Scottish man who was held in prison in India since 2017, has had a successful bail application, which his family believes is “a major breakthrough”.
Jagtar Singh Johal, from Dumbarton, was arrested in suspicion of conspiring to murder a number of Hindu right-wing leaders.
He had travelled to India in October 2017 for his wedding when he was allegedly arrested and forced into an unmarked car.
Johal’s family have claimed that he was tortured by the police for his activism and Sikh human rights campaigns.
Despite the lack of of admissible evidence presented by prosecutors, he was charged under India’s Unlawful Activities Prevention Act.
Johal found himself in prison, with the possibility of facing a death penalty.
In 2023, it was reported that he might have to endure a wait of up to 40 years for his trial proceedings to conclude.
The Supreme Court of India, however, has recently approved bail for one of Johal’s cases, affirming a prior High Court ruling while dismissing the state’s appeal.
The court acknowledged that keeping Johal detained infringes upon his fundamental rights as guaranteed by India’s Constitution.
Despite this, he will not be freed immediately as he has nine other cases against him.
The Supreme Court has ordered the trial court to expedite the process.
West Dunbartonshire councillor, Gurpreet Singh Johal, who is Jagtar’s brother hopes that the ruling could be the step forward.
He said: “This is a major breakthrough in the case.
“It’s been almost six years but finally we can see light at the end of the tunnel.
“We have known all along that Jagtar’s imprisonment was unjust – and now the highest court in India has recognised it.
“There is still much work to do, to get Jagtar home where he belongs, around the dinner table with us in Dumbarton, but today I feel more hopeful than I have in a very long time.”
Director Maya Foa of human rights group Reprieve said: “Prosecutors have had almost six years to build a case against Jagtar, since the moment he was snatched off the street and tortured into making a false confession.
“Last week the Supreme Court of India rejected that flimsy case, finding that they simply do not have enough evidence to justify keeping Jagtar in prison.
“The court’s resounding judgement makes clear that Jagtar’s continued imprisonment is a terrible injustice, underscoring the UK Government’s failure to recognise his arbitrary detention or seek his release.
“It is surely time for the UK to request his return to his family in Scotland.”
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