Seven-year 'nightmare' of Scottish activist held in an Indian jail

It's much than 7 years since Jagtar Singh Johal was snatched from the bustling streets of Jalandhar successful bluish India.

The young Sikh activist, from Dumbarton successful the westbound of Scotland, had been visiting the authorities of Punjab to observe his wedding.

But arsenic helium walked done the engaged streets and crowded markets connected 4 November 2017, helium was surrounded by officers from the section constabulary force.

His household accidental helium was grabbed, a hood was placed implicit his caput and helium was forced into a conveyance successful wide daylight.

He was taken into custody – wherever helium has remained ever since.

Jagtar has not been convicted of immoderate crimes, and was this week acquitted successful the archetypal of 9 cases against him.

The Indian authorities says that he's a unsafe violent who helped program the killings of 7 people.

But his household says he's an guiltless antheral who has been tortured by his jailers, and determination are increasing calls for the 38-year-old to beryllium released and allowed to instrumentality location aft the "seven-year nightmare".

The charges helium faces scope from rank of a violent pack to conspiracy to murder, but successful each of the cases his alleged enactment is the same.

The prosecution says Jagtar was documenting the unit against Sikhs successful the Punjab portion during the bloodshed of the mid-1980s done his website, but that his activism went further.

It says that done his enactment connected the website helium made links with figures intent connected destabilising India done violence.

It says that successful 2013 Jagtar travelled to Paris and handed implicit astir £3,000 to members of the Khalistan Liberation Force (KLF), an equipped organisation which has carried retired convulsive attacks successful pursuit of a putative Sikh homeland called Khalistan.

It says this wealth was utilized to acquisition weapons which were past utilized successful acts of coercion successful the Punjab, namely the targeted killings of 7 Hindu and different spiritual and governmental leaders, and the attempted execution of different during a peculiarly volatile play successful the portion crossed 2016 and 2017.

That the unit took spot is not successful dispute.

What is little wide is the relation that this antheral from Dumbarton, with nary transgression history, whitethorn person played successful it.

Jagtar's member Gurpreet primitively thought his member had been abducted, earlier learning that helium was successful the custody of the Punjab Police.

In the pursuing days, Gurpreet learned that Jagtar was accused of being an progressive subordinate of a panic compartment - and that helium claimed helium had been tortured successful his cell.

A handwritten enactment passed from Jagtar to his defence lawyer elaborate however he'd been beaten and subjected to electrical shocks, and however officers entered his compartment with a petrol instrumentality and threatened to pain him alive, earlier coercing him to motion a blank portion of paper.

Gurpreet's interest for his member lone grew when, successful December 2017, a video appeared showing Jagtar successful a constabulary cell, allegedly confessing to his relation successful a bid of killings successful the Punjab region.

Gurpreet began a run to escaped his brother, telling politicians and the media that Jagtar was a peaceful activistic who had been falsely implicated.

For 7 years Jagtar has waited for advancement to beryllium made successful the assorted cases against him and his 8 co-accused.

Eight of the cases person been brought by the Indian government's counter-terror branch, the National Investigation Agency (NIA).

There person been hundreds of hearings, beset by procedural delays, arsenic each proceedings grinds its mode done the courts successful Delhi.

Jagtar's representatives from the ineligible foundation Reprieve person criticised the process arsenic unfair and accidental nary "credible" grounds has been presented against Jagtar.

They accidental his confession is coerced, obtained done torture and truthful inadmissible arsenic evidence.

But present the ninth case, successful the District Court of Moga, Punjab, has yet provided immoderate clarity successful this murky and intriguing story.

After 7 years, we yet received a verdict.

Judge Harjeet Singh recovered that the prosecution "has failed to cod cogent and convincing evidence… regarding information of the accused successful unlawful activities oregon otherwise".

He said it had besides "failed to pb immoderate grounds that the accused were members of [a] violent organization".

And helium said: "The prosecution has miserably failed to beryllium the committee of the [conspiracy] offences by each the accused.

"Thus, each the accused are liable to beryllium acquitted."

All the charges of conspiracy, raising funds for a violent gang, and rank of a violent pack were rejected.

Jagtar was acquitted of each the charges against him successful this case.

Three of his co-accused were recovered blameworthy of weapon possession and fixed two-year sentences. They person already spent 7 years successful jail.

But wherefore did it instrumentality years to scope this constituent – and what does the acquittal mean for the different cases against Jagtar, who is inactive being held successful a maximum information situation successful Delhi?

To recognize this we request to look astatine the grounds which did marque it into court.

DSP Balwinder Singh was 1 of the officers who arrested Jagtar successful November 2017.

The judgement tells america that successful his grounds DSP Singh "admitted that nary incriminating article/thing/document [was] recovered from Jagtar Singh Johal successful this case, during his probe and nary documentary grounds was produced oregon successful the record regarding links of different accused with Jagtar Singh Johal during his investigation".

On the cardinal allegation that Jagtar travelled to Paris to manus implicit wealth to members of the KLF, the judgement says that DSP Singh could not archer the date, period and twelvemonth of that visit.

"He admitted that during his investigation, nary worldly successful the signifier of missive heads oregon logo of KLF oregon immoderate different banned organization… was recovered from the accused," said the judge.

"This causes a superior dent successful the lawsuit of the prosecution."

The different arresting officer's grounds was that "nothing incriminating" was recovered from Jagtar astatine the clip of his apprehension oregon afterwards.

Perhaps the astir funny grounds came from witnesser Kanwaljit Singh, a spot trader who gave a constabulary connection saying that helium was visited by Jagtar and different accused successful the outpouring of 2017.

He said Jagtar told him that helium had collected funds to transportation retired attacks connected "hardline Hindu leaders" successful the Punjab.

But, according to the judge, "careful scrutiny of the statements shows that nary reliance tin beryllium placed on" his evidence.

At Jagtar's trial, Kanwaljit Singh admitted that helium himself had antecedently been progressive successful an equipped Sikh group, had served clip successful jailhouse and, astir importantly, that helium had ne'er met Jagtar oregon the different antheral who helium had enactment successful the framework with his constabulary statement.

He said helium had approached the constabulary aft speechmaking astir Jagtar successful a paper pursuing his arrest.

This is conscionable 1 witnesser successful a lawsuit which Jagtar's ineligible representatives from Reprieve accidental is characterised by unreliable, adjacent tainted, testimony.

They constituent to the connection fixed by a antithetic antheral which they accidental is "almost identical, connection for word" to the connection fixed by Kanwaljit Singh.

The prosecution failed to nutrient this antheral successful tribunal and present accidental helium is dead, truthful helium cannot talk to his statement.

Reprieve alleges that these men are "stock witnesses" - radical improperly influenced oregon coerced by the authorities into giving grounds successful a case.

The organisation's caseworkers besides highlighted the confession connection of Harmeet Singh Mintoo, the erstwhile KLF person whom Jagtar allegedly met successful Paris.

Mintoo retracted this connection and died successful situation earlier helium could decorativeness challenging it done the courts.

Reprieve says different witnesses successful the lawsuit person likewise retracted the statements they gave to constabulary erstwhile appearing to springiness grounds astatine trial, with immoderate adjacent testifying their statements had been falsified.

The prosecution's lawsuit included an elaborate formed of characters, meetings and plots from the UK, crossed Europe and into Pakistan and India, culminating successful the grisly murders of 7 people.

In this 1 lawsuit astatine least, nary grounds has been recovered for immoderate of it.

Reprieve's interim lawman enforcement director, Dan Dolan, says the lawsuit against Jagtar was "absurdly anemic from the start".

"Seven years of his beingness person been wasted, with proceedings dragging out, erstwhile it was plain each on that determination was ne'er immoderate coagulated evidence," helium told the BBC.

"The process is the punishment – the cases are nary much than a bladed excuse to support him successful jail."

The remaining cases against Jagtar are scheduled to beryllium heard successful Delhi, successful a antithetic court. The imaginable punishments are overmuch much severe, including the decease penalty, successful the lawsuit of conviction.

They are brought by the NIA nether India's Unlawful Activities Prevention Act, which exists to clamp down connected immoderate enactment which mightiness "threaten the unity, integrity, information oregon sovereignty of India, oregon to onslaught panic successful radical oregon immoderate conception of radical of India".

Its critics accidental it is simply a draconian instrumentality which tin statement radical arsenic terrorists without owed process, and which is disproportionately utilized against minorities successful the country.

There is besides apt to beryllium grounds from "protected witnesses" successful the NIA's cases, whose afloat identities are not known. Reprieve says their statements person not provided immoderate much grounds beyond what was heard successful the Moga lawsuit wherever Jagtar was acquitted.

Nevertheless, Reprieve argues that due to the fact that the allegations against Jagtar successful each lawsuit are "all-but identical", the Moga verdict should mean his acquittal successful each the others too.

Dan Dolan says it's present implicit to the UK authorities to unafraid Jagtar's release.

Meanwhile, successful an evident strengthening of its position, a UK authorities curate said successful parliament this week that Jagtar's merchandise "needs to hap urgently".

Gurpreet, who has constricted interaction with his member implicit video calls, continues to unrecorded successful hope.

"To beryllium vindicated successful tribunal is simply a large feeling," helium said.

"Jagtar's grin and spark are back. He spoke to our dada for lone the 3rd clip successful 7 years yesterday and they were successful precocious spirits acknowledgment to the acquittal.

"Ministers are saying each the close things but what counts is action. This judgement tin beryllium the opening of the extremity of our family's seven-year nightmare, if the authorities acts now."

This week a spokesperson for the Foreign, Commonwealth and Development Office (FCDO) welcomed the advancement successful the case.

"The UK authorities remains committed to moving for faster advancement connected Jagtar's case, and the FCDO proceed to enactment to enactment Mr Johal and his family," it said.

The Indian authorities has not responded to a petition for remark connected the verdict successful the Moga case, but has antecedently said that owed process has been followed successful the case.

The Indian authorities person besides antecedently denied the allegations of torture.