A U.S. government-backed religious freedom commission has accused India of using anti-terrorism legislation to detain members of religious minorities, after a Delhi court granted bail to British Sikh activist Jagtar Singh Johal following nearly nine years in custody.
The United States Commission on International Religious Freedom (USCIRF) on Thursday urged the U.S. State Department to press Indian authorities to release other prisoners it identifies as victims of violations of freedom of religion or belief, including Muslim activists Umar Khalid and Sharjeel Imam.
The commission’s statement came after the Delhi High Court granted Johal bail in seven cases brought under India’s Unlawful Activities (Prevention) Act, or UAPA. The court said Johal had spent more than eight years in custody and that, despite repeated orders to expedite the trial, only 40 prosecution witnesses had been examined while about 123 remained.
The court said the trial was unlikely to conclude soon and held that prolonged incarceration could not effectively become punishment before conviction.
Johal, a British national from Scotland, was arrested in Punjab in November 2017. Indian authorities have accused him of involvement in targeted killings and links to the banned Khalistan Liberation Force, allegations he denies.
Under the bail conditions, Johal must surrender his passport, use only a designated phone or landline, report periodically to investigators and refrain from sharing or circulating material deemed “anti-national”. He is also restricted from joining social-media groups where such material is circulated.
USCIRF said Johal still faces charges that could carry the death penalty and called for an investigation into allegations that he was tortured during his detention.
United Nations experts have previously raised similar concerns. In a 2021 opinion, the U.N. Working Group on Arbitrary Detention concluded that Johal’s detention was arbitrary and called for his immediate release. The U.N. said the case involved concerns relating to his Sikh identity, human rights work and political opinions.
A 2026 communication from U.N. special procedures again raised concerns over alleged torture, arbitrary detention, freedom of expression, minority rights and religion or belief in relation to Johal’s case. The allegations have not been established in court.
USCIRF described Johal’s case as part of what it called a wider pattern involving religious minorities. It specifically cited Khalid and Imam, who have been in pre-trial detention in a UAPA case linked to the alleged larger conspiracy behind the February 2020 Delhi riots.
Both men deny the allegations. Their bail pleas are scheduled to be heard by the Delhi High Court on Sept. 30 after the hearing was adjourned earlier this week.
Imam was separately granted seven days of interim bail this week to attend his cousin’s wedding, according to Indian media reports. The order does not affect the underlying criminal proceedings against him.
The UAPA, enacted in 1967 and strengthened through successive amendments, is India’s principal anti-terror law. It allows authorities to designate individuals and organisations as involved in unlawful or terrorist activity and imposes stringent restrictions on bail.
Indian authorities have defended the law as necessary to address terrorism and threats to national security. The government has rejected criticism from USCIRF in the past, accusing the commission of presenting a selective and distorted picture of religious freedom in India.
U.N. experts, however, have repeatedly raised concerns about India’s counter-terrorism framework, including the UAPA, particularly in relation to arbitrary detention, freedom of expression and peaceful assembly.
The issue has also come under scrutiny from India’s courts. In Johal’s case, the Delhi High Court relied on Supreme Court rulings that constitutional protections of personal liberty remain relevant even where stringent UAPA bail provisions apply. It said courts must balance national-security concerns against an accused person’s right to a timely trial.
USCIRF said in its 2026 annual report that it had recommended that the U.S. State Department designate India a “Country of Particular Concern”, a designation under U.S. religious-freedom law for governments accused of systematic, ongoing and egregious violations of religious freedom. The recommendation is not binding on the U.S. government.
The commission has also called on Washington to investigate alleged violations against Johal and consider accountability measures against those responsible.
Johal’s bail does not end the criminal proceedings against him. He remains subject to the conditions imposed by the Delhi High Court while the cases continue.
His return to Britain also remains uncertain because he has been ordered to surrender his passport.
Support Independent Media
Click Here and Join the Membership of Millat Times to Support Independent Media.
Support Millat Times