Brother of British Sikh activist freed on bail after nine years inside hellish Indian prison accuses the British Government of 'putting trade over human rights' and says it 'has had a hand in this' if he is sentenced to death

It is nearing a decade since Gurpreet Singh Johal's world came crashing down with the news his brother had vanished from the streets of northern India.

Jagtar Singh Johal had gone to the country in November 2017 to get married. But three weeks later he was surrounded by officials, blinded by a hood and bundled into a vehicle. In one swift move, the Dumbarton-born activist's life came to a dramatic halt as he was chucked behind bars. 

There, Jagtar alleges he was heinously tortured for three days – which only came to an end when he signed a blank document purportedly confessing to terrorism charges. 

The Sikh activist spent years imprisoned indefinitely without a full trial or any convictions before finally walking free from Delhi's Tihar Prison on bail this week. 

The 39-year-old and his family vehemently deny the charges put against him, including membership of a terrorist gang and conspiracy to murder, while they say not even an 'ounce' of evidence has been produced.

If found guilty, Jagtar could face the death penalty. His family say that outcome would leave the UK Government with blood on its hands, accusing ministers of prioritising diplomatic relations over the human rights of their citizens.

According to Indian prosecutors, Jagtar's blog posts about the bloodshed that rocked Punjab in the 1980s during the movement for a separate Sikh state brought him into contact with activists seeking to destabilise India. 

They accuse him of funding the armed terrorist organisation Khalistan Liberation Force (KLF) in 2013, who seek the Sikh homeland deemed Khalistan, and their extremist plot involving assassinations in 2016 and 2017.  

In an exclusive interview with the Daily Mail, his brother Gurpreet reveals the emotional rollercoaster his family have experienced – as he denounces the UK Government for its alleged inaction in helping secure his sibling's freedom.

Gurpreet Singh Johal (left) pictured alongside his brother Jagtar Singh Johal

Jagtar had gone to the country in November 2017 to get married. But three weeks later he was surrounded by officials, blinded by a hood and bundled into a vehicle

'Jagtar has been proven not to be guilty and acquitted of all charges in one case. If he were to get the death penalty, I would say that the British government would have a hand in this, and the hand would be lack of action over the last nine years,' Gurpreet, 41, told the Mail. 

'It is a horrible thing to think about. But you know what's more horrible: the thought that your government, the country you're born and bred in cannot protect you, and will not protect you, and they'll put trade over human rights.'

Jagtar faces eight charges of terrorism in a federal court, yet has been cleared of similar charges by a Punjab court. Prosecution claims he was a KLF member and had 'complete knowledge of the conspiracy'. But he alleges any previous confessions were extracted under torture. 

The family believe the Indian prosecution are striving to keep Jagtar in the case, which is hinged on being an international conspiracy to cause terror within India, as he is the only non Indian national.

For Gurpreet, the turmoil started with a phone call from his sister-in-law Gurpreet Kaur in the early hours of the morning on November 4, 2017, who frantically said: 'He's been taken. We don't know who's taken him or where he is.' 

Discouraged by an alleged lack of help from the UK's Foreign Office, the Scottish lawyer flew to India to find his brother – where he, along with his younger brother, spent two days before they found their sibling. 

Then, Gurpreet explained, 'the world shook beneath' as he watched the chief minister of Punjab nationally broadcast that he was guilty of murder. The two men were inundated by concerns from their family, who urged them to come home over concerns they may also be detained. 

That moment sticks with Gurpreet to this day. 'I've always looked back and felt I shouldn't have left my younger brother there. That night when I came back, I cried to sleep that night on the on the context that I'm sleeping on a bed, and I don't know where my brother is, and it was an unbearable moment,' he explained.

Jagtar is pictured with his wife Gurpreet Kaur at their engagement party in 2017

'I still look back and say, "could he have been out earlier if I hadn't come back?" But on the other side, everybody says, if he didn't come back, then who would have ran the campaign to date.'

Yet, the family's turmoil inflamed further after becoming aware their loved one had undergone days-long torture. 'I thought, how can a British national, being born and bred here, how could a British national ever be tortured? But it was evident that he could,' Gurpreet said.

'And then we received a letter Jagtar gave to the lawyers detailing exactly what torture he suffered in terms of the confession. Jagtar repeatedly said he was made to sign blank documents. So we do not know what was written on it, all we know was he was made to sign blank documents.' 

It is understood Jagtar was subjected to electric shocks, stress positions, sleep deprivation and threats of being killed.

Gurpreet, and his family, have been campaigning alongside charity Reprieve for Jagtar's freedom since. It is hinged on two alleged witnesses, who will be heard in court later this month. 

Dan Dolan, deputy executive of Reprieve, described the charges against Jagtar as 'politically trumped-up', adding: 'The charges against Jagtar are trumped-up political charges. They are primarily based on that confession extracted under brutal torture over a number of days.'

Meanwhile, the UN has said there is no rationale for Jagtar's continued detention – and called on India's government to drop the charges.  

Communication has been excruciatingly sparse between the brothers, Gurpreet explained, due to strict conditions imposed by authorities – with their conversations spanning only three video calls during his imprisonment. 

This week was the first time in nearly a decade Gurpreet has seen his brother not within cell walls, as Jagtar was broadcast taking his first steps out of prison. 

'It was a relief to finally see him set free from prison, albeit he has got conditions, but at least he's not caged in an Indian jail. Many haven't heard from let alone seen him for nine years,' he said.

'It has been an extensive rollercoaster having to challenge the UK Government to do more, go through the Indian legal system and it's taken nine years just to get my brother out.'

Despite calling Jagtar's release a 'big light at the end of a tunnel,' Gurpreet says his hopeful freedom will not give back what he has lost during the detainment. 

'He could have achieved whatever he wanted to achieve. Not only has he lost that, but he's lost the nine years of married life and being able to start a family,' he said.

'We are a close family. He's missed a grandfather and uncles passing away, a lot of family members who have been dying to see him have all gone. A lot of lives have been put on hold.'

A Government spokesperson said: We are in contact with the family of Jagtar Singh Johal following his release on bail.

'The UK has consistently raised concerns about Mr Johal’s prolonged pre-trial detention and the importance of a full investigation into the allegations of torture and mistreatment. His bail is not the end of the process and we will continue to provide consular support to Mr Johal and his family.'

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