The Punjab and Haryana High Court has issued a significant directive concerning the temporary release of Khadoor Sahib Member of Parliament, Amritpal Singh, from detention. On Friday, the court ordered the Punjab home secretary to make a decision within seven working days on Singh's application seeking release to attend the upcoming budget session of Parliament.
Court's Directive and Legal Observations
A division bench, comprising Chief Justice Sheel Nagu and Justice Archana Puri, presided over the case. The bench observed that since the preventive detention order was passed by the Amritsar district magistrate on April 17, the state government is the competent authority under Section 2(1)(a) of the National Security Act (NSA) 1980 to handle such requests.
Accordingly, the court disposed of the petition with a clear direction. The home secretary of the Punjab government must decide on the application already filed by the petitioner within seven working days. Furthermore, the outcome of this representation must be communicated to both the petitioner and his legal counsel.
Background of the Case
Amritpal Singh, a radical Sikh preacher, has been incarcerated in Dibrugarh jail under the National Security Act since April 2023. His detention stems from actions deemed a threat to national security, leading to his arrest and subsequent confinement under the stringent provisions of the NSA.
Amritpal Singh's Plea and Arguments
In his plea, Singh has sought directions to allow him to attend the budget session of Parliament, which is scheduled in two phases: from January 28 to February 13, and from March 9 to April 2. He claims to have submitted representations to various authorities, including the Union of India and the Lok Sabha Speaker, requesting parole for this purpose.
Singh contends that as an elected Member of Parliament, he has a constitutional obligation to attend parliamentary sessions. He argues that his presence is crucial to participate in legislative debates, voice the concerns of his over 19 lakh constituents, and fulfil his duties as a representative. His legal team emphasized that denying him this opportunity could impede democratic processes and the representation of his constituency.
Legal Representation and Proceedings
During the proceedings, Satya Pal Jain, the additional solicitor general of India, represented the central government. The court's order highlights the procedural aspects under the NSA, noting that the state government holds the authority to decide on such matters of temporary release, given the nature of the detention order.
The High Court's directive underscores the balance between national security concerns and the constitutional rights of elected officials. By setting a strict seven-day deadline, the court aims to ensure a timely resolution, allowing for Singh's potential participation in the parliamentary session without undue delay.
This case has drawn attention due to its implications for parliamentary democracy and the enforcement of security laws. The outcome of the home secretary's decision will be closely watched, as it could set a precedent for similar situations involving detained lawmakers in the future.
