Justice Berry Recuses from Hearing Amritpal's Parole Plea, HC Refers Matter to Special Bench
The Punjab and Haryana High Court on Thursday directed that the petition filed by jailed Lok Sabha MP Amritpal Singh, seeking permission to attend the Budget Session of Parliament, be placed before a special bench. This development came after Justice Sanjiv Berry, who was part of a division bench headed by Chief Justice Sheel Nagu, recused himself from hearing the petition.
Background of the Case
Amritpal Singh, a National Security Act detainee lodged in Assam's Dibrugarh jail since 2023, had moved the high court on Wednesday. He sought directions to state authorities to grant him parole to attend Parliament and make necessary arrangements for his participation. His counsel, Imaan Singh Khara, submitted that Amritpal is a sitting MP who had addressed representations to the authorities on January 17.
Arguments Presented in Court
Khara argued that the MP intended to raise urgent issues during the Budget Session, particularly focusing on the rehabilitation of people affected by the August 2025 floods in his border constituency. He highlighted that large parts of the Khadoor Sahib parliamentary constituency, spanning districts including Kapurthala, Sultanpur Lodhi, Tarn Taran, and Ferozepur, had been severely impacted by floods, with rehabilitation work remaining incomplete.
The counsel emphasized that Amritpal needed to participate in parliamentary debates to seek funds and press these critical issues. However, the counsel for Punjab, Anupam Gupta, pointed out that the Budget Session was scheduled to commence on January 28 and questioned why the petitioner had approached the court at such a late stage.
Court's Observations and Legal Standpoints
The court observed that the authorities were entitled to a reasonable period to consider the representation. Gupta submitted that Amritpal had been aware of the session schedule well in advance but had approached the authorities only on January 17. Additional Solicitor General Satya Pal Jain, representing the Union of India, argued that under the law, neither the Speaker of the Lok Sabha nor the Governor had any role in granting such permission.
Jain stated that the decision rested solely with the detaining authority. The bench noted that the competent authority to decide the request was the Home Secretary of Punjab, in accordance with earlier court orders and the preventive detention law under which Amritpal is detained.
Timeline and Further Proceedings
The court was of the view that the Home Secretary should decide the representation within 10 days, even as Amritpal's counsel pleaded for a decision in four days. ASG Satya Pal Jain underlined that the MP had time at hand, as the Budget Session is being held in two phases: from January 28 to February 13 and from March 9 to April 2, with a recess in between.
At the end of the hearing, Chief Justice Sheel Nagu said that in view of Justice Berry's recusal, the matter would be placed before a special bench for the issuance of a formal order. This application follows an earlier plea by Amritpal to participate in the Winter Session of Parliament, which was rendered ineffective after the court's hearing did not conclude before the session ended.
The high court reiterated that the state government is the suitable authority to decide on the MP's plea, emphasizing the legal framework surrounding preventive detention and parliamentary attendance.
