Punjab and Haryana High Court Seeks Replies on Detained MP's Plea to Attend Budget Session
The Punjab and Haryana High Court has directed the state and other respondents to file replies within ten days on a petition by detained Khadoor Sahib MP Amritpal Singh, who seeks permission to participate in the ongoing Budget Session of Parliament. The court adjourned the hearing after considering arguments on urgency, parliamentary practice, and security concerns.
Urgency and Parliamentary Proceedings Highlighted
During the hearing, Singh's counsel emphasized the time-sensitive nature of legislative business, noting that the Budget Session is divided into two phases: the first phase runs until the end of February, and the second phase from March 9 to April 2. They argued that limited time remains for Singh to engage in parliamentary proceedings, including the examination of the Budget by committees before it returns to the House.
The counsel referenced precedents involving detained lawmakers, including a parliamentarian accused under the Unlawful Activities (Prevention) Act, and contended that Singh's detention under the National Security Act (NSA) is of a different legal character, with him being treated as a civil prisoner under Punjab detention rules.
Security Concerns and Opposition to the Plea
The state and other respondents opposed the plea, citing "security of the state and maintenance of public order" as grounds for rejecting Singh's earlier request. They presented a detailed order and relevant paragraphs that dealt with the denial of permission, highlighting the grave security threats associated with his release.
Additional Solicitor General Satya Pal Jain submitted that while prisons have virtual hearing facilities, there is no provision in parliamentary rules for a detained member to participate virtually in House sittings. He stressed that constitutional practices require physical presence and voting on the House floor, particularly in matters governed by the anti-defection law and other constitutional provisions.
Speaker's Letter and Legal Framework
On behalf of the Speaker, a letter dated February 9 was placed on record, detailing Amritpal Singh's absence from sittings for 37 days and outlining the rule under which condonation of absence could be sought. The letter stated that when a member is under detention, permission to attend House proceedings can only be granted by the competent court, and the parliamentary secretariat has no role in such decisions.
It was further submitted that the detaining authority had already declined permission, and the bench directed that the letter be placed on record along with an affidavit, allowing parties time to file replies.
Background and Previous Legal Actions
Amritpal Singh, an MP who has not attended any Parliament sessions due to his detention, sought temporary release or parole under the NSA to participate in the Budget Session, either in person or virtually. In January 2026, the Punjab and Haryana High Court directed the Punjab government to decide on his request, which was rejected on February 3, citing security threats and the absence of an enforceable right for detained MPs to attend sessions.
Singh then challenged this rejection in the High Court, arguing that it violates his democratic mandate and legislative duties. He was arrested in April 2023 after a high-profile manhunt triggered by his supporters' armed clash with police in Ajnala and has been preventively detained under the NSA, currently lodged in Dibrugarh Central Jail, Assam, away from Punjab for security reasons. His detention orders have been repeatedly extended, with the latest in April 2025 citing alleged links to anti-national elements, gangsters, and risks to public order.
The Division Bench, comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, will take up the matter after the replies are filed, balancing the need for parliamentary participation with security imperatives.
