British Sikh activist Jagtar Singh Johal has been released from a Delhi prison after nine years of detention, following a stern warning from the Indian high court that the government would face contempt proceedings if it failed to comply with his bail order. The court had originally granted bail on 18 September, but Johal remained in custody while officials sought further clarification from the Ministry of Home Affairs, which provided no response.
Johal’s legal team filed a writ of habeas corpus, arguing that his continued detention violated his fundamental rights under article 21 of the Indian constitution. Documents presented to the court revealed that multiple prison requests for release authorization sent to the Ministry had gone unanswered. On Thursday morning, the high court instructed the government to release Johal by 2.30pm local time, providing a three-hour window to avoid being held in contempt. He was released later that afternoon, wearing a red T-shirt, and was greeted by family, friends, and flowers.
Detained since 4 November 2017, Johal has faced eight terrorism-related charges in federal court. His supporters and legal advocates contend that the case has failed to reach a full trial due to the Indian government’s inability to produce credible witnesses to support claims that he transported £3,000 to France to fund an extremist plot involving targeted killings in the Punjab in 2016-17. Authorities have alleged that Johal was a member of the Khalistan Liberation Force and had complete knowledge of the conspiracy, a claim he denies. He has previously stated that any initial confessions were extracted under torture.
The bail terms imposed last week included 11 conditions: the surrender of his passport, a personal bond of 500,000 Indian rupees (£3,930) with two sureties, fortnightly reporting to the investigating officer, prior intimation of any change of residence, and a ban on traveling to the Punjab. He is also restricted from speaking to the media about the case directly or indirectly. His Dumbarton-based brother, Gurpreet Singh Johal, expressed relief at his release but emphasized that the legal battle remains ongoing, noting that Jagtar still faces a trial and the potential of a death penalty for charges he denies, trapped in what he described as a sham legal process.
Reprieve, a campaign group supporting Johal, highlighted that despite the bail order, the process was delayed until the court threatened contempt. Dan Dolan, deputy executive director of Reprieve, stated that while Johal is finally out of his cell, the threat of a death sentence persists. The UK Foreign Office has been supporting recent calls for his release on bail, alongside advocacy from groups including Redress and Reprieve.
The petition added that no clarification from the ministry had been forthcoming, explaining: “Every day of such detention is a continuing violation of the detainee’s fundamental rights under article 21 of the constitution of India.”
“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”.
