MI5 and MI6 may have "unlawfully enabled" the "abduction and brutal torture" of a Dumbarton man in India.

Jagtar Singh Johal has been languishing in prison for five years, held without trial. He faces the death penalty. 

His family say he’s a peaceful activist, and that the arrest is because he has documented human rights violations against Sikhs in India.

He was abducted from the street by plain-clothes officers while out shopping with his new wife, and has been detained in a series of Indian prisons ever since.

However, India’s National Investigation Agency claim he is a terrorist and that he played an important role in eight targeted killings carried out by the Khalistan Liberation Force during 2016-2017. 

They have accused him of distributing money to buy arms, and translating “incendiary material online fanning the fires of secessionist sentiments in Punjab.”

Though he has signed a confession, the family claim he was tortured by police officers.

Human rights group Reprieve has identified his case among anonymised details published in the annual report by the UK’s investigatory powers commissioner.

It sets out how MI5 and MI6 passed information about a British national to foreign authorities who then detained and tortured them.

They say it matches details in Mr Johal’s case. His lawyers have now lodged a case with the High Court. 

Mr Johal’s brother, Gurpreet, said his brother was facing the death penalty “as a result of the consequences of the UK government.” 

Earlier this year the United Nations Working Group on Arbitrary Detention determined that Mr Johal’s detention “lacks legal basis”. 

Boris Johnson agreed and raised the case with Prime Minister, Narendra Modi

However, Martin Docherty Hughes, the family’s MP said the outgoing Tory leader must have signed off the data sharing.

He told the BBC: “Boris Johnson was foreign secretary at the time Theresa May was prime minister and I have to say I can't imagine this happening without the foreign secretary… not signing that off.

“What I find extraordinary is that the present Prime Minister only a few weeks ago before Parliament went into recess made it clear that he believes that Jagtar's detention is arbitrary.

“He agreed with the UN Working Group on Arbitrary Detention that Jagtar's detention by the Republic of India is arbitrary, yet he signed off on this sharing of so-called information.”

Mr Docherty Hughes said if there had been anything of substance in the information shared Mr Johal “would either have been fully charged and either been found guilty or not guilty.” 

He added: “He's now been languishing in an Indian jail for nearly five years come November. That says to me that there is no case to answer.”

Singh Johal, Jagtar’s brother, said: “I never imagined the scenes I’d seen in horror movies of people being abducted by a foreign government and violently tortured could become a reality for someone in my family.

“When it did, I expected our government would do everything in its power to save my brother. The twist is that not only has our government abandoned one of its own citizens, it’s actively betrayed him.”

He said his brother’s blogs only exposed the Indian government’s mistreatment of Sikhs, adding: “The UK should be championing free speech around the world, not assisting repressive regimes to torture and lock up British nationals who dare to criticise them.

"We need answers and accountability to make sure no other British family is put through this living hell.”

Maya Foa, the director of Reprieve, said: “It was already a scandal that, when a British national was snatched off the street by Indian authorities while on his honeymoon, Boris Johnson left him to rot for five years before finally admitting he was being arbitrarily detained.

“Now it appears the UK Government hasn’t just been negligent but may have unlawfully enabled his abduction and brutal torture through a tip-off to the Indian authorities.

“The very least we can expect of our Government is not to share intelligence that leads to us being detained and tortured overseas.

“We’re talking about a British blogger who United Nations experts say has been targeted because he spoke out against abuses committed against the Sikh community in India – the UK Government must finally bring him home.”

An FCDO spokesman said: “It would be inappropriate for us to comment while legal proceedings are active.”