Jagtar Singh Johal: UN group calls for release of Brit detained in India
A United Nations group has called India's detention of a Scottish Sikh man "arbitrary" and called for his immediate release.
A new report from the United Nation's Working Group on Arbitrary Detention said the detention of Jagtar Singh Johal "lacks legal basis".
The Dumbarton man was arrested on November 4, 2017, after travelling to the Punjab for his wedding following claims he was linked to the killing of Hindu leaders in the area.
Mr Johal and his family have denied the claims, and he is yet to stand trial.
Since his arrest, several trial dates have been postponed or cancelled - the latest of which was on Saturday 7 May.
“One thing that has been certain in Jagtar’s whole detention is adjournments. Adjournment, after adjournment, after adjournment,” Mr Johal's brother Gurpreet told STV.
“[The latest delay] was disappointing, but I can’t believe it’s still ongoing to be honest."
A new 17-page document from the UN working group found that there was “no judicially admissible evidence against Mr Johal, despite intelligence agencies having over three years to investigate”.
It found that he was abducted by 15 plainclothes police officers who placed a hood over his head and pulled him into an unmarked car.
“Mr Johal was targeted because of his activities as a Sikh practitioner and supporter and because of his activism writing public posts calling for accountability for alleged actions committed against Sikhs by the authorities," the report reads.
The "appropriate remedy" would be Mr Johal's immediate release, the report states.
The panel also found that during his detention he was interrogated and tortured, “including using electric shocks, forcing his limbs into painful positions and depriving him of sleep”.
It reads: "Mr Johal was deprived of his liberty on discriminatory grounds, owing to his status as a human rights defender and based on his political activism, religious faith and opinions. “The admission into evidence of a statement allegedly obtained through torture or ill-treatment renders the entire proceedings unfair, regardless of whether other evidence were available to support the verdict. “The burden of proof rests on the government (of India) to prove that statements were given freely, which it has not done so in this case.”
In November, his wife marked the fourth anniversary of his detention by calling on the government to urgently secure his release.
Brother Gurpreet told STV that receiving the report was a relief, but he has called on Westminster to do more and call for his brother's release.
He said: "There’s no way the UK government can say he is not arbitrarily detained unless they are going to disagree with a judgement that has been given.
"He went to India to get married, got married, and it should have been the most joyful part of his life. Four-and-a-half years on, his wife is in the UK and her husband is sitting in an Indian jail."
He said that his brother remains in good spirits, but is frustrated by the delays.
Foreign Secretary Liz Truss raised the issue of Mr Johal's detention with India's Minister of External Affairs, Subrahmanyam Jaishankar, when they met in Delhi on March 31, and during her previous visit to India on October 22, 2021. Ms Truss has also agreed to meet the Johal family and their local MP to discuss the case.
Mr Johal's case is also said to be raised regularly by the UK Minister for South Asia, Lord Ahmad of Wimbledon.
It is understood that consular staff visit Mr Johal regularly to check on his welfare, with the most recent visit taking place on April 1.
In a statement to ITV News, a spokesperson for the Foreign Office said: “We have consistently raised our concerns about Mr Johal's case with the government of India, including his allegations of torture and mistreatment and his right to a fair trial”. “The prime minister raised the case with his Indian counterpart Narendra Modi when they met in Delhi on April 22.”