The family of a Dumbarton man facing the death penalty in India have been given the full support of local councillors as they call for his release.
Jagtar Singh Johal has been arbitrarily detained since 2017, when his family say he was forced into an unmarked car before being tortured. In May, he was formally charged with conspiracy to commit murder and being a member of a terrorist gang.
He will be presented with a full list of the charges against him next month and faces a possible death penalty.
READ MORE: MI5 'passed information' that led to abduction and torture of Dumbarton man
Now West Dunbartonshire council, where his brother was recently elected as a councillor, has unanimously backed a call for the UK Government to push for his release - and is urging councils across Scotland to support the move.
A Sikh activist who sought to draw attention to human rights abuses against India’s Sikh population, Mr Johal wrote a blog post calling for accountability for historic anti Sikh pogroms.
Recently it was revealed that British intelligence officers could have been responsible for Mr Johal’s arrest.
The human rights group Reprieve shared with journalists at the BBC documentation that it says is compelling evidence that his arrest followed a tip-off from British intelligence.
The group said a report by the watchdog that oversees the intelligence agencies had dates and details matching the arrest of Mr Johal, and states that "MI5 passed intelligence to a liaison partner via the Secret Intelligence Service (MI6)" and added: "The subject of the intelligence was arrested by the liaison partner in their country. The individual told the British Consular Official that he had been tortured."
Mr Johal is not named in the report, but Reprieve's investigators are adamant the facts match his case.
The UK government has said it will not comment on an ongoing legal case.
A motion calling on the Foreign Secretary to advocate for his release and return to the UK was brought before West Dunbartonshire’s full council meeting this afternoon by Labour councillor David McBride.
It was highlighted that it is UK Government policy to call for the release of arbitrarily detained UK nationals overseas, but the government has yet to do so in Jagtar’s case.
During the meeting, councillor McBride said: “Since the motion was circulated members may be aware of the media reports of the UK intelligence agencies MI5 and MI6 provided a tip off that led to the detention and torture of of Jagtar.
“A legal case has been launched on behalf of Jagtar by the groups Reprieve and Redress. Both organisations are calling for his immediate release and for the government to disclose the role they played in providing this information.”
The risk of Jagtar being sentenced to death is very high given the politicised nature of his case and the current political climate, councillors heard. Earlier this year, an Indian court sentenced 38 people to death in a single case.
Councillors wanted to convey to Jagtar’s family, including his brother councillor Gurpreet Singh Johal, who could not be present during the discussion, that the motion was agreed unanimously and that West Dunbartonshire Council fully supported the campaign to bring Jagtar home.
SNP councillor Jonathon McColl said: “I have to say the revelations about the activities of our own intelligence services are quite shocking to say the least.
“Within the motion, it says that it is UK Government policy to call for the release of arbitrarily detained UK nationals overseas but I think we now know why they didn’t do that.
“Perhaps they were concerned that the revelation would come to light. It now has. Regardless of any case, it doesn’t matter if there is a wealth of evidence against the individual and intelligence services believe that individual is guilty, it is absolutely abhorrent that any state actor provide information that leads to the torture of an individual.
“Time will tell and light will be shone on this as to whether our intelligence services knew that was the practice of the authorities in India who they were providing this information to. It will be interesting to see if that was the case and whether despite all of the efforts of Jagtar’s family and many others who are supporting the family, it is falling on deaf ears.
“I understand why councillor Johal had to declare an interest, given that we are talking about his brother but I think it would be appropriate to make it clear that we are all behind him and his family.”
Following the discussion the council also agreed to write to COSLA regarding the case and distribute copies of the motion to all councils in Scotland, asking them for their support.
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