Jagtar Singh Johal: British activist jailed in India for nine years is finally granted bail

A court in India has granted bail to Briton Jagtar Singh Johal after almost nine years behind bars over terror allegations.

The 39-year-old Dumbarton-based campaigner for Sikh rights was detained in India’s Punjab in 2017 just weeks after his wedding, over accusations of involvement with the banned Sikh separatist Khalistani Liberation Force.

The Delhi High Court on Friday overturned a 2024 decision to deny him bail. He was acquitted last year in a case in which he was accused of financially supporting a terror group, but he still faces federal charges related to similar allegations.

His supporters said the cases were effectively duplicates based on the same scant evidence and should be thrown out.

Mr Johal has denied any wrongdoing and claimed to have been tortured in custody, while a UN panel ruled that he had been “arbitrarily detained” in May 2022. This year a group of UN experts condemned his continued detention, describing his eight-year ordeal as "a form of psychological torture" and a "profound miscarriage of justice".

Indian authorities have previously denied the torture claim and have repeatedly maintained due process is being followed.

Gurpreet Singh Johal, who lobbied successive governments for his brother's release, said the bail order was a "huge relief".

"I had a long, sleepless night knowing that the decision would be made this morning. Now, all I can think about is Jagtar walking out of prison. We have waited so long and fought so hard for this moment," he said in a statement.

He added: "We’re obviously delighted that Jagtar will soon be released, but he won’t be truly free until he is back in Dumbarton, with his wife and family."

Mr Johal currently remains in custody while judges confirm his bail conditions, which may be stringent, warned legal charities Redress and Reprieve, who represent Mr Johal in the UK.

Mr Johal’s brother told the BBC that he expects money would have to be put down for a bond and Mr Johal will have to either stay in India or need permission to leave. Mr Johal could be released as early as next week, he said.

"Jagtar’s wife has been crying since this morning," he said.

In June, Mr Johal wrote to the then-foreign secretary, Yvette Cooper, saying that he was “stuck in a broken country with a broken judicial system”. Ms Cooper had urged a “swift resolution” in the case, saying his ordeal had “gone on far too long”.

Dan Dolan, the deputy executive director of Reprieve, said Johal still faces the death penalty in eight cases on "trumped-up charges".

"Jagtar was targeted by the Indian authorities for speaking out against human rights abuses," he added. "The legal process is the punishment and until it’s over and Jagtar is back home, he continues to pay a heavy price for standing up for what’s right."

Mr Dolan called on the UK government to do everything in its power to resolve the case and bring Mr Johal back home.

Redress senior legal adviser Chris Esdaile welcomed the bail order, but added that it "can't undo the intolerable suffering caused by nine years of arbitrary detention without a fair and timely resolution". He called for accountability for the "allegations of torture and the deeply flawed proceedings".

West Dunbartonshire MP Douglas McAllister said he was relieved to hear the “wonderful news” on Friday morning.

“We obviously are still waiting to understand the terms of the bail conditions but at last he will be freed from an Indian prison. As MP for West Dunbartonshire, I will continue to work with Jagtar’s family and team to push for his return home to Dumbarton and his family where he belongs,” he added.