teh Ordeal Continues: Jagtar Singh Johal’s Detention

Jagtar Singh Johal, a British Sikh activist, remains in an Indian jail after seven years, even after a Punjab court acquitted him of all terrorism charges on March 4. Despite this legal victory,his family reports that he has been placed in solitary confinement and is under constant surveillance.

Double Jeopardy Allegations

Adding to the complexity, Johal still faces the same charges in a parallel case, raising serious concerns about double jeopardy. Gurpreet, Johal’s brother, testified at Westminster before an all-party committee on arbitrary detention, highlighting the injustice. He stated that Indian courts have not granted his brother bail, despite what he describes as the prosecution’s failure to present credible evidence.

Family’s Urgent Concerns

UK consular staff visited Johal in jail and confirmed his solitary confinement with a 24-hour guard, but no explanation was provided. Gurpreet expressed deep concern for his brother’s well-being:

I fear for his physical and mental welfare since he is being excluded from contact with all other prisoners. He has been in jail for seven years, acquitted and now he is being further punished. he is being mentally tortured and I am concerned something is going to happen to him. The aim is to break him.
Gurpreet, brother of Jagtar Singh Johal

Gurpreet believes a critical prospect to secure his brother’s release was missed after the Punjab acquittal, especially given the judge’s criticism of the evidence presented by Indian prosecutors.

Calls for British Government Action

The family is urging the British government to take a stronger stance. Gurpreet believes that Johal is being detained not to secure a conviction, but simply to keep him imprisoned. What is missing from the british government is political will, he asserted. While he acknowledges that Prime Minister Rishi Sunak raised the case with Indian External Affairs minister S Jaishankar, he remains uncertain about the depth and priority given to the matter in ongoing diplomatic discussions.

Legal Perspectives on Double Jeopardy

Dan Dolan,deputy executive director of the legal NGO Reprieve,emphasized the importance of the principle of double jeopardy,which protects individuals from being tried twice for the same crime. He noted that this principle is enshrined in international law and the Indian constitution.

Reprieve’s Involvement and allegations of Torture

Reprieve contends that the eight other cases brought by the Indian National Inquiry Agency are essentially duplicates,lacking new evidence and relying on evidence allegedly obtained through torture. While the Indian government denies these allegations of torture, the central claim in all nine cases revolves around Johal’s alleged transfer of funds to co-conspirators, which purportedly financed attacks in Punjab between 2016 and 2017. Notably, Indian authorities do not claim Johal was directly involved in these attacks.

Foreign Secretary’s Response and Urgency of the Situation

Foreign Secretary David Lammy, who met with Gurpreet in November, has offered to meet again, but not for another seven weeks. Gurpreet views this timeline as inadequate, stressing the urgency of the situation. The window of opportunity is narrow, and he needs to meet a lot sooner. It is urgent, he stated.