Key facts
- British Sikh activist Jagtar Singh Johal was released from Delhi jail.
- Johal had been detained for nine years without a full trial.
- The Indian high court warned the government of contempt if Johal was not released.
- Johal faces eight terrorism charges in federal court.
- Campaigners claim Johal's confessions were extracted under torture.
- Johal's lawyers filed a writ of habeas corpus alleging unlawful detention.
British Sikh activist Jagtar Singh Johal has been released from a Delhi prison after nine years of detention without a full trial. The release followed a warning from the Indian high court to the government that it risked contempt of court if it did not comply with an 18 September order granting Johal bail.
Johal's lawyers had filed a writ of habeas corpus, alleging his continued detention was against the express direction of the court. The court had instructed the government to release Johal by 2:30 p.m. Indian time on Thursday, giving officials three hours to comply.
Documents presented to the court revealed that messages from the prison to the Ministry of Home Affairs seeking permission for his release had gone unanswered. Johal's lawyers stated that he had met all bail conditions, yet remained in custody pending a 'clarification' from the ministry, which had not been forthcoming. They argued that each day of detention violated his fundamental rights under Article 21 of the Indian constitution.
Johal has been detained since November 4, 2017, and faces eight terrorism charges. He claims any initial confessions were extracted under torture. Campaign group Reprieve stated that the case had not gone to full trial due to the government's inability to produce credible witnesses to support allegations that Johal transported funds to finance an extremist plot in 2016-17.
Last week's bail terms included surrendering his passport, a personal bond of 500,000 Indian rupees (£3,930), fortnightly reporting to the investigating officer, and restrictions on travel and speaking to the media about the case. The jail authorities had informed the ministry that there were no further grounds for his detention, and any further holding amounted to administrative detention.
The UK Foreign Office, along with campaign groups Redress and Reprieve, had supported calls for his release.