Delhi HC grants bail to UK national Jagtar Singh Johal after 8 years in custody

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Delhi HC grants bail to UK national Jagtar Singh Johal after 8 years in custody

Synopsis

After more than eight years behind bars and with 123 witnesses still to testify, the Delhi High Court has granted bail to British-Sikh activist Jagtar Singh Johal in seven UAPA terror cases — a landmark ruling that rejects the NIA's flight-risk argument and places the spotlight squarely on India's prolonged-detention problem under anti-terror law.

Key Takeaways

The Delhi High Court granted bail to UK national Jagtar Singh Johal on 18 September 2026 in seven UAPA cases related to alleged terror conspiracies in Punjab.
Johal has been in continuous custody since 4 November 2017 — more than eight years .
Of the prosecution witnesses, only 40 have been examined; 123 remain to testify.
The Supreme Court had in July 2026 set aside an earlier dismissal and sent the matter back for fresh consideration.
Bail conditions include surrender of passport, ₹5 lakh personal bond, fortnightly reporting, and a ban on public statements about the trial.
The court rejected the NIA 's flight-risk argument, stating liberty cannot be curtailed on that ground alone.

The Delhi High Court on Friday, 18 September 2026, granted bail to UK national Jagtar Singh Johal, also known as Jaggi, in seven cases linked to alleged terror-related conspiracies in Punjab. A bench of Justice Navin Chawla and Justice Ravinder Dudeja held that Johal's continued incarceration of more than eight years, combined with the slow pace of trial proceedings, warranted his release subject to stringent conditions.

Background and Charges

Johal has been in custody since 4 November 2017 and faces charges under various provisions of the Unlawful Activities (Prevention) Act (UAPA), the Indian Penal Code, and the Arms Act. The cases relate to alleged conspiracies involving targeted killings and terrorist activities in Punjab. According to the chargesheet in one case, Johal allegedly travelled from the UK to France to deliver GBP 3,000 to one Harminder Singh alias Mintoo, with prosecutors claiming part of the funds were subsequently passed to another accused to motivate him to join the Khalistan Liberation Force (KLF).

What the Court Found

The High Court noted that in over eight years of custody, only 40 prosecution witnesses had been examined, while another 123 witnesses were yet to testify. The bench observed that approximately 63 witnesses were common across the different cases and that, despite this overlap, the trial was 'certainly not likely to conclude any time soon.' The court also noted that repeated directions from the Supreme Court to expedite the trial had not produced sufficient progress, and even the evidence of protected witnesses had not been recorded.

The Road to This Ruling

The seven appeals had earlier been dismissed by a coordinate bench of the High Court in September 2024. Johal challenged that decision before the Supreme Court, which in July 2026 set aside the order and remitted the matters to the High Court for fresh consideration on merits, without addressing the question of limitation. The Delhi High Court's latest judgment considered all seven appeals through a common order, noting that the allegations across the cases were substantially similar.

Court Rejects NIA's Flight Risk Argument

The National Investigation Agency (NIA) had argued that Johal's status as a foreign national made him a flight risk, justifying continued detention. The High Court rejected this contention, stating: 'The liberty of the appellant cannot be curtailed only on this ground. Instead, we shall impose conditions that should ensure that he does not become a flight risk.' The court also declined to deny bail on the basis that some witnesses had complained of threats, observing that no material was placed before it linking those threats to Johal or anyone acting at his behest.

Bail Conditions Imposed

Johal has been directed to furnish a personal bond of ₹5 lakh with two sureties of the like amount and surrender his passport, if any. He must use only one mobile phone or landline number, keep it switched on at all times, and report to the Investigating Officer once every fortnight or as directed by the trial court. He is barred from directly or indirectly contacting, influencing, or threatening any prosecution or protected witness, and from tampering with evidence. He has also been prohibited from making any public statement through print, electronic, or social media concerning the merits of the case, evidence, witnesses, or the pending trial. Additionally, Johal has been restrained from joining WhatsApp groups or other social media platforms where 'anti-national material' is uploaded, circulated, or propagated. Any breach of these conditions, the court made clear, would entitle the prosecution to seek cancellation of bail.

The case will continue to be closely watched given Johal's profile as a British-Sikh activist whose detention has drawn sustained attention from human rights groups and the UK government.

Point of View

Only 40 of 163 witnesses examined, and no trial conclusion in sight. The court's rejection of the flight-risk argument — against a foreign national facing terror charges — signals a rare willingness to weigh personal liberty against the state's pace of prosecution. What the judgment does not resolve is the underlying structural problem: UAPA's bail provisions are so stringent that defendants routinely serve de facto sentences before trial ends, a pattern that courts have repeatedly noted but Parliament has not addressed. Johal's case, given its international dimensions and the UK government's prior representations, is unlikely to fade from diplomatic view.
NationPress
18 Sept 2026

Frequently Asked Questions

Why was Jagtar Singh Johal granted bail after eight years?
The Delhi High Court granted bail because Johal had spent more than eight years in custody while only 40 of 163 prosecution witnesses had been examined, with no early end to the trial in sight. The court held that the prolonged incarceration and slow trial progress warranted release on stringent conditions.
What charges does Jagtar Singh Johal face?
Johal faces charges under the Unlawful Activities (Prevention) Act (UAPA), the Indian Penal Code, and the Arms Act in seven cases related to alleged conspiracies involving targeted killings and terrorist activities in Punjab. One chargesheet alleges he travelled to France to deliver GBP 3,000 linked to the Khalistan Liberation Force.
What are the conditions of Johal's bail?
Johal must furnish a personal bond of ₹5 lakh with two sureties, surrender his passport, use only one phone number, report to the Investigating Officer fortnightly, and refrain from contacting witnesses or making public statements about the trial. He is also barred from social media platforms where anti-national material is shared.
How did the case reach the Delhi High Court again?
An earlier High Court bench dismissed Johal's appeals in September 2024. He challenged that decision before the Supreme Court, which in July 2026 set aside the dismissal and remitted the matter to the High Court for fresh consideration on merits.
Why did the court reject the NIA's flight-risk argument?
The Delhi High Court ruled that being a foreign national alone is insufficient grounds to deny bail, stating that 'the liberty of the appellant cannot be curtailed only on this ground.' Instead, the bench imposed strict conditions designed to prevent any possibility of Johal fleeing the jurisdiction.
Nation Press
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