The Punjab and Haryana High Court has taken a significant step by formally questioning the state of Punjab's decision to deny parole to detained Waris Punjab De chief, Amritpal Singh. The court has directed the state government to clarify the legal and factual grounds upon which his parole application was rejected.
Court Issues Notice to Punjab Government
During a hearing on Thursday, a division bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma issued a formal notice to the Punjab government. The bench was responding to a petition filed by Amritpal Singh challenging the rejection of his parole plea. The court has given the state authorities a two-week deadline to file their detailed reply, explaining the rationale behind their decision. The case is scheduled for its next hearing on May 17.
The petitioner's counsel argued that Amritpal Singh's fundamental rights were being infringed upon by the denial of parole. They emphasized that parole is a right, not a privilege, especially when considering humanitarian grounds. The state government, represented by its legal counsel, maintained its stance that the rejection was justified but now must provide documented reasons to satisfy the court's query.
Background of the Case and Detention
Amritpal Singh, along with several associates, has been in custody since April 2023. He was arrested in Moga district following a widespread manhunt. The state authorities invoked the stringent National Security Act (NSA) against him, which allows for preventive detention for up to 12 months without formal charges. His detention under the NSA has been extended multiple times by the Punjab government.
The parole application in question was submitted to seek temporary release. While the specific grounds for the application were not detailed in open court, such requests are typically made for reasons like attending family functions, medical emergencies, or other personal necessities. The Punjab government's home department, after reviewing the application, opted to reject it, prompting the current legal challenge.
Legal Implications and Next Steps
The High Court's intervention highlights the judiciary's role in scrutinizing executive decisions, particularly those concerning personal liberty. By seeking the "basis" of the rejection, the court is ensuring that the state's power is exercised within the bounds of law and not arbitrarily. This proceeding will compel the government to present a legally sound argument, potentially examining factors like threat to public order, likelihood of absconding, or the nature of the activities that led to the NSA detention.
The outcome of this case could set a precedent for how parole applications of other detainees held under security laws are processed in the region. All eyes will now be on the Punjab government's affidavit, due in two weeks, which must comprehensively justify its position to the satisfaction of the High Court bench.
