USCIRF Urges India to Release Religious Freedom Prisoners, Raises Concerns Over Use of Terror Laws

Washington, DC: The United States Commission on International Religious Freedom (USCIRF) has urged the US Department of State to engage with Indian authorities over the cases of individuals it identifies as prisoners of freedom of religion or belief, following the Delhi High Court’s decision to grant bail to British born Sikh activist Jagtar Singh Johal.

Johal has been in custody since November 2017. On September 18, 2026, the Delhi High Court ordered his release on bail in several cases, citing, among other factors, the prolonged period of incarceration and delays in the conclusion of his trial. The court imposed several conditions, including surrender of his passport and restrictions related to social media activity.

USCIRF welcomed the court’s decision but said uncertainty remains over Johal’s return to the United Kingdom and reunification with his family. USCIRF Chair Asif Mahmood also raised concerns over the conditions attached to his bail and the criminal proceedings that remain pending against him.

Johal was arrested in 2017 and faced charges under the Unlawful Activities Prevention Act, along with allegations relating to murder, conspiracy and terrorism. USCIRF has described him as a religious freedom advocate and said his case reflects what it considers a broader pattern involving the use of terrorism related laws against religious minorities.

The commission also referred to allegations made by Johal regarding his treatment in custody. According to USCIRF, he has reported being subjected to electric shocks, sleep deprivation, painful stress positions and threats to his life. USCIRF has called for a full investigation into these allegations.

USCIRF said Johal’s case has also been examined by United Nations mechanisms. The commission cited a 2022 finding by the UN Working Group on Arbitrary Detention concerning his imprisonment and referred to subsequent concerns regarding his treatment.

The commission said Johal’s case should be considered alongside those of other individuals detained under the UAPA. It specifically mentioned former Delhi University professor and activist Umar Khalid and student activist Sharjeel Imam, who remain in pre trial detention in cases registered under the law.

USCIRF Vice Chair CeCe Heil said the commission considers Johal’s case part of what it describes as a wider pattern involving the detention or silencing of religious minorities in India. These are USCIRF’s characterisations and allegations, rather than findings by an Indian court.

The Indian government has maintained that the UAPA and other national security laws are intended to address terrorism and threats to the country’s sovereignty and integrity. Allegations that such laws are selectively used against religious minorities have been disputed by Indian authorities.

USCIRF has repeatedly criticised India’s record on religious freedom. In its 2026 Annual Report, the commission recommended that the US State Department designate India as a Country of Particular Concern, citing what it described as systematic and ongoing violations of religious freedom. The recommendation is advisory, while the formal designation is made by the US State Department.

The commission has also raised concerns about alleged transnational repression involving members of the Sikh diaspora in North America. India has rejected allegations of state involvement in such activities.

USCIRF’s latest statement calls on the US government to use diplomatic engagement with New Delhi to seek the release of other individuals whom the commission identifies as prisoners of freedom of religion or belief.

For Johal, the Delhi High Court’s bail order marks a major development after nearly nine years in custody, although the criminal proceedings against him continue. The court’s order states that violation of the bail conditions could lead to a request for cancellation of bail.