Sikh Activist Jagtar Singh Johal, 30, from Dumbarton was arrested by plain-clothed Punjab Police after having a sack thrown over his head on the 4th of November. He was in the Northern Indian state ahead of wedding celebrations whilst he was reportedly out shopping with his wife of a month and his cousin in the Jalandhar area. There are no official charges as of yet.
Why has he been imprisoned?
Indian police have since released a statement, saying they were holding Johal on grounds of financing the purchase of weapons for a terror group called the Khalistan Liberation Force, named after the name the state of Punjab would have received had it became independent.
These were then used in the killing of prominent Hindu leaders in Punjab, including some right-wing leaders like Brigadier Jagdish Gagneja in 2016. Sultan Masih, a pastor, was killed in July this year and Ravinder Gosain in October this year.
However, Jagtar Singh Johal’s brother said that the first information report (FIR) - the Indiequivalentent to an arrest warrant - had been issued for his brother in 2016, but Jagtar had not been in India then and simply did not match the times when he had been in India. The family had holidayed in India in April but had not been in the country the year before, he said.
"He spent seven weeks in India in 2017 and ... he exited India at that point and there were no issues," said Gurpreet Singh Johal.
Jagtar Singh Johal has denied all allegations.
Punjab Police officials disagree and say that Johal is “neck-deep” in the targeted killings of minority leaders, and has been arrested on allegations of fanning communal disturbance in the state.
They said: “People from Punjab have settled down in different parts of the world and people in our state have deep links with them.
We welcome them when they visit our state and we never harass innocent people. However, we have a strong body of evidence linking Johal to the targeted killings and the truth will be out as the cases against him progress,” a senior Punjab Police officer told ET Magazine in Chandigarh.”
Johal returned to court on 10 November but the British High Commission representative, his lawyers, and his family were all denied access to him and Punjab police were then granted another four days remand.
The period on remand was then extended to 17 November.
However, the Sikh Federation fears that Johal, who runs a website entitled “Never Forget 1984,” is being targeted over his work on the Sikh genocide of 1984 which saw the death of over 11,000 Sikhs across India and was arrested over claims that he was “influencing the youth through social media.”
In 1984, Indian Prime Minister Indira Gandhi was assassinated by her Sikh bodyguards, angry at the storming of the Golden Temple, Sikhism's holiest site, by Indian troops fighting Sikh separatists with guns.
What followed was a campaign of mob killings and massacres targeting Sikhs by Gandhi's supporters, which left thousands dead and is often referred to as a "genocide" by activists, particularly among the Sikhs in the West.
What is being done to help him in the UK?
Meanwhile, Martin Docherty-Hughes, MP for Johal’s West Dunbartonshire constituency has written to Number 10 asking for a meeting to discuss the case. Charandeep Singh, General Secretary of The Glasgow Gurdwara has also reiterated the need for government intervention through his own letter addressed to First Minister Nicola Sturgeon. The Gurdwara he represents which is the biggest in the country has also asked Amnesty International to investigate according to The National.
Both the Scottish and British government seem to be aware of this case with External Affairs Secretary, Fiona Hyslop, telling The Herald: "We are deeply concerned to learn about the detention of Jagtar Singh Johal…The First Minister has asked to be kept informed of any further developments.”
Theresa May initially told the BBC that she is aware of the concerns about Jaguar Singh Johal and that the UK government will take action if necessary.
However, the official responses have been criticised by many, and there has been there has been an outpour of support from the British Sikh community with the #FreeJaggiNow trending across social media as well as the creation of the campaign’s own account, particularly after concerns that he is being tortured by Punjab Police.
MP Preet Kaur Gill, who is the first female Sikh elected to the House of Commons and also Chairs the all-party Parliamentary Group for British Sikhs, told The National that Johal has been classed as “vulnerable” as a result.
The victim’s brother, Gurpreet Singh Johal, also told The National that he was “outraged” by his brother’s treatment, adding: “He has been tortured by being beaten and having electric shocks to his genitals…This has happened because the UK Government has not prioritised the case.
They have given it no attention. They have made no leeway.”
Bhai Amrik Singh, chair of the Sikh Federation UK also pointed out that: “Many are asking why Jagtar was not allowed the business cards for his two lawyers or for the British High Commission representative or allowed to accept clothes from his family. The Indian authorities clearly have much to hide and the British and Scottish governments must do much more to secure his release.”
Meanwhile, Labour’s Tan Dhesi, the UK’s first turban-wearing Sikh MP, told The National that the failure of UK representatives to attend is “distressing” and members of the All-Party Parliamentary Group for British Sikhs have petitioned Johnson to investigate the case “with the utmost urgency”.
Hundreds of protesters gathered outside the Foreign Office in Whitehall last week demanding the release of Johal, many of whom wore hoodies with the hashtag emblazoned across their chest and held placards with his face set against the background of the Saltire.
Furthermore, there was a lobby of parliament this week which also included watching Boris Johnson being challenged in the Commons and hearing from the family, MPs, and campaigners from across the world. Challenge came from Glasgow’s very own Gurdwaras , all the way to Canada where high-profile Canadian politician Jagmeet Singh, leader of the federal New Democratic Party (NDP), publicly lent his support. Canadian members of parliament, Raj Grewal, and Randeep Sarai have communicated their concern over human rights issues to the Indian high commissioner in Canada, Vikas Swarup.
The Sikh Federation has since briefed Labour leader Jeremy Corbyn about the case as he was on his way to a rally in Birmingham. In response, Corbyn promised to discuss the matter with Preet Kaur Gill and try to meet with the Johal’s family and other campaigners early next week.
The issue was then raised in parliament a day after British Prime Minister Theresa May was confronted by the BBC’s Asian Network radio station to comment on Johal’s arrest in India: “I am aware of the concern that has been expressed about Jagtar Singh Johal. Representatives from the foreign office have met with him and are pursuing the case, watching what is happening with concern and will take necessary action,” she said.
Jasveer Singh of The Sikh Press Association says: "All the difference has literally been made by the community. The protests, the emails, the social media campaigns; these are why media have covered the issue and why the FCO and other UK authorities have spoken out about the issue."
Campaigners involved with the case also said that he was initially denied access to consular staff and a lawyer and was told that it as “not appropriate” for them to have access as it was a public holiday in Punjab but both were eventually granted ten days after his arrest.
Foreign Office Minister Rory Stewart said that both Britain and India took allegations of torture very seriously: “It is completely unconstitutional, it is offensive to the British government and we will work very closely to investigate and we will, of course, take extreme action if a British citizen is being tortured,” he told the House of Commons.
Foreign Minister, Mark Field has met the incarcerated’s brother as well as his MP and other representatives.
A spokeswoman for the Foreign and Commonwealth Office said: "Our consular staff in New Delhi have visited a British man who has been detained in Punjab. We have met his family to update them, and have confirmed that he now has access to his lawyer.”
The incarcerated’s brother, Gurpreet Singh Johal said he is deeply unhappy with the Foreign and Commonwealth Office (FCO) and said: “We need the Foreign Office and High Commission to pull their finger out because, at the moment, nothing seems to have been done.”
What do the Indian authorities say about this?
Throughout the case, Punjab police have maintained its position saying a due process of law was followed at every stage and they have “sufficient” evidence linking him to the killings.
Yet campaigners involved with the case first said that he was denied access to consular staff and a lawyer as well as a medical examination and was told that it as “not appropriate” for them to have access as it was a public holiday in Punjab.
India's Aam Aadmi Party (AAP) and the Shiromani Akali Dal (SAD) have also raised their own doubts over Punjab Police’s claims about Johal’s involvement in targeted killings. They have asked the state government to provide evidence to prove his complicity.
Punjab Chief Minister, Amarinder Singh, said it was ‘unfortunate’ that the opposition parties were siding with those allegedly conspiring to malign the Punjab police and the state government.
“The whole issue was being sought to be politicised by certain pro-Khalistani elements and it was unfortunate that Punjab’s own leaders were adding their voice to these elements,” he said.
“Radical elements based in Britain and some other countries had launched a false and slanderous orchestrated media campaign against the Punjab government/Punjab Police.”
He said his government was more concerned about maintaining Punjab’s peace, rather than worrying about perceived embarrassment at the hands of foreign forces, which had no stake in India’s security or development.
Singh said India never interfered in other countries’ policing and legal matters, even if an Indian citizen were involved, and expected the same respect and diplomatic propriety to be followed by other nations.
What has been going on more recently?
Johal has since had a hearing where his lawyer also accused police of torturing his client and Johal himself “pleaded his innocence” and said that he had nothing to do with the crimes which he has been linked to. A medical examination was demanded and he was then moved to judicial custody which many hoped would be the end to the “physical torture” he has received. But he was then reportedly taken to an area in another district policed by a separate force, a move which his legal team said will be used to attempt to "falsely link him" to unsolved cases in the district.
He has most recently been named in relation to the killing of leader of a Hindu outfit, Shiv Sena, Durga Parsad, in Khanna town in Punjab and police believe he is involved in a conspiracy to carry out targeted killings of leaders of different faiths throughout the state.
Medical reports do not show any evidence of torture
He has now been taken into custody by India's National Investigation Agency (NIA), the government agency which investigates cases posing a threat to national security and is being questioned by them.
The BBC reported that NIS initially sought permission to have custody of Johal for 12 days, but are now expected to only question him for three days.
A petition calling for Johal's release has now picked up close to its 50,000-signature target.