The British Sikh activist Jagtar Singh Johal has been released from a Delhi prison after the Indian high court warned the government it would be found in contempt of court if it continued to attempt to keep him in jail despite an ۱۸ September court order releasing him on bail. Johal has been incarcerated for nine years without any full trial.
The court order was issued after Johal’s lawyers issued a writ of habeas corpus alleging he was being detained against the express direction of the court.
Johal’s nine-year detention on alleged terrorist offences, has been a cause of diplomatic tension between the UK and India, but campaigners have claimed the British government has not been active enough to secure his release or, alternatively, a full trial.
The campaign group Reprieve says his case has never come to full trial largely because of the inability of the Indian government to assemble credible witnesses to back their claim that Johal transported £۳,۰۰۰ to France to fund a multinational extremist plot involving targeted killings in the Punjab in ۲۰۱۶-۱۷.
On Thursday morning, the high court in Delhi instructed the Indian government to release Johal by ۲.۳۰pm Indian time, giving government officials three hours to comply or find themselves risking contempt proceedings.
Documents shown to the court by Johal’s lawyers on behalf of his father-in-law as petitioner revealed that messages from the prison to the Ministry of Home Affairs seeking permission for his release had been left unanswered.
His lawyers in their petition stated he had met all the bail conditions yet “the detainee has nevertheless not been released, and is being held in custody without the authority of any court, pending a ‘clarification’ sought by the jail from the Ministry of Home Affairs”.
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 ۲۱ of the constitution of India.”
Johal has been detained by Indian authorities since ۴ November ۲۰۱۷. He is facing eight charges of terrorism in the federal court, but had been cleared of largely similar charges by a Punjab court. He claims any initial confessions he gave were extracted under torture.
The bail terms last week imposed ۱۱ conditions, including surrender of passport, a personal bond of ۵۰۰,۰۰۰ Indian rupees (£۳,۹۳۰) with two sureties, fortnightly reporting to the investigating officer, prior intimation of any change of residence and a ban on travelling to the Punjab. He was also restricted from talking to media about the case directly or indirectly.
In letters from the Delhi jail to the ministry seeking clarification on his release, the jail authorities said there were no further grounds for his detention.
They pointed out release warrants were issued on Monday after all the court’s bail conditions had been met, and any further detention without a court order amounted to administrative detention.
The Indian government has alleged the Khalistan Liberation Force undertook the killings and Johal had “complete knowledge of the conspiracy” and was a KLF member.
The UK Foreign Office is understood to have been supporting recent calls for his release on bail after last week’s court order, as have two campaign groups in the UK Redress and Reprieve.
