High Court Judge Recuses from Hearing Amritpal Singh's Parliament Attendance Plea
In a significant legal development from Chandigarh, a judge of the Punjab and Haryana High Court has recused himself from hearing a petition filed by radical Sikh preacher and Khadoor Sahib MP Amritpal Singh. The petition seeks directions to permit him to attend the upcoming Budget session of Parliament, highlighting a clash between legislative duties and preventive detention.
Hearing Adjourned to Friday Before Special Bench
The plea will now be heard on Friday by a special division bench headed by Chief Justice Sheel Nagu. This decision came after the matter initially came up for hearing before a division bench comprising Chief Justice Nagu and Justice Sanjeev Berry. During the proceedings, the bench was inclined to dispose of the matter with directions to the Punjab government to take a decision on Amritpal's plea before the commencement of the session.
However, in an unexpected turn, Justice Berry recused himself from the hearing of the case. Following this recusal, Chief Justice Nagu adjourned the matter for Friday, scheduling it to be heard before a special bench in which Justice Berry is not a member. This move underscores the judicial sensitivity and procedural adjustments required in high-profile cases involving elected representatives.
Amritpal Singh's Plea and Constitutional Concerns
As per Amritpal's plea, he is currently unable to attend Parliament due to his preventive detention in Assam, which forces him to remain absent from parliamentary proceedings. He argues that his absence from the Budget session will have serious consequences not only for him as the petitioner but also for the voters of his constituency. The Budget session is convened in two phases:
- From January 28 to February 13
- From March 9 to April 2
Amritpal has sought directions to allow him to attend these sessions, emphasizing his role as an MP. He contends that he is obligated to attend parliamentary sessions and participate in legislative debates to effectively voice the concerns of his over 19 lakh constituents and fulfil his constitutional responsibilities. This plea touches on broader issues of democratic representation and the rights of detained lawmakers.
Background and Legal Efforts
Amritpal Singh was arrested on April 23, 2023, and has since been under detention at Dibrugarh jail in Assam. Despite his incarceration, he was elected from the Khadoor Sahib constituency in Punjab during the 2024 Lok Sabha polls, adding a layer of complexity to his legal and political status. In his efforts to secure attendance, he has claimed to have submitted representations to:
- The Union of India
- The Lok Sabha speaker
- Other relevant authorities
These representations were for granting parole to facilitate his participation in Parliament, but the outcomes remain pending, leading to the current court petition. The case highlights the ongoing tensions between security measures and parliamentary privileges in India's legal landscape.
