Punjab Government Rejects Amritpal Singh's Plea to Attend Parliament Budget Session
The Punjab government has officially declined the application of jailed Khadoor Sahib MP Amritpal Singh for temporary release to attend the ongoing Budget session of Parliament. This decision, issued on Monday, cites a serious threat to the security of the state and the maintenance of public order as the primary reason for the rejection.
Legal Proceedings and Government Response
Amritpal Singh's counsel, Imaan Singh Khara, confirmed that they received the state government's reply on Monday. The decision was made by the Additional Chief Secretary of the Department of Home Affairs, in compliance with a directive from the Punjab and Haryana High Court dated January 23. The High Court had instructed the Punjab government to decide within seven working days on Amritpal's representation seeking temporary release for the Budget session.
The Budget session commenced on January 28 and will continue until February 13 in its first phase, with a second phase scheduled from March 9 to April 2. In his representation dated January 17, Amritpal had requested temporary release to personally attend the session and asked authorities to make necessary arrangements for his presence in Parliament.
Grounds for Denial and Security Concerns
The Punjab government's order emphasizes that Amritpal Singh's release, even temporarily, would pose a serious threat/prejudice to the security of the State and the maintenance of public order. It references detailed grounds of detention that describe the MP's activities as highly dangerous with the potential to imperil and subvert state security.
Both the District Magistrate of Amritsar and the Senior Superintendent of Police, Amritsar (Rural), strongly opposed the temporary release in their comments submitted to the government. The order also relies on constitutional precedents, citing Supreme Court judgments that establish a detained MP has no constitutional right to attend parliamentary sessions and enjoys no special status above an ordinary citizen.
Constitutional and Legal Framework
The government order cites the 1966 Supreme Court Constitution Bench judgment in K. Anandan Nambiar and another Vs. Chief Secretary, Govt. of Madras and others, which held that a detained MP has no constitutional right to attend parliamentary sessions. This principle was reaffirmed in the 1975 Constitution Bench ruling in Smt Indira Nehru Gandhi Vs. Shri Raj Narain & Anr.
Taking into account the entire record, the gravity of the detention grounds, and Amritpal's conduct, the government concluded that his continuous and uninterrupted detention for the maximum period of twelve months is necessary. The order states, the absence of any legally enforceable right to attend the session(s) of Parliament while in detention further supports the decision.
Communication and Background Details
The decision was communicated to Amritpal Singh via email and special messenger through the Superintendent of Dibrugarh Central Jail in Assam, where he is lodged under a preventive detention order passed by the District Magistrate of Amritsar. Copies have also been sent to his counsel, Senior Advocate R.S. Bains, central ministries, the Director General of Police in Punjab, and other concerned authorities.
Amritpal Singh, leader of Waris Punjab De, was elected to the Lok Sabha in 2024 while already in judicial custody in Assam in connection with various cases. His detention under the National Security Act was imposed shortly before the expiry of an earlier detention period, citing continued threats to national security and public order.
This development highlights the ongoing tensions between parliamentary privileges and security concerns in India, particularly in sensitive regions like Punjab. The government's firm stance underscores its commitment to maintaining law and order, even in the face of requests from elected representatives.
