In a significant legal development, Khadoor Sahib Member of Parliament Amritpal Singh has once again approached the Punjab and Haryana High Court seeking temporary release to attend the upcoming winter session of Parliament. This marks his second attempt to secure permission for parliamentary participation while being detained under the National Security Act.
Government Denial Precedes Legal Move
The fresh legal petition comes as a direct response to the Punjab government's November 24 decision that denied the MP permission to attend the parliamentary session. The state administration cited his detention under the National Security Act (NSA) and what it described as "the grave and manifest danger posed by him to the security of the state and maintenance of public order" as primary reasons for the refusal.
This government decision followed the high court's November 21 direction that instructed the state authorities to decide on Amritpal's November 13 representation regarding his temporary release. The state home department subsequently examined the matter and arrived at the conclusion to deny the parliamentarian's request.
Legal Grounds and Parliamentary Representation
Currently detained at Dibrugarh jail in Assam under the stringent provisions of the National Security Act, Amritpal Singh has sought temporary release or parole under Section 15 of the National Security Act, 1980. As an alternative arrangement, the MP has requested the court to direct authorities to make appropriate arrangements that would facilitate his personal attendance in Parliament throughout the session duration.
The elected representative, who represents approximately 19 lakh constituents from Khadoor Sahib constituency, has presented a compelling argument about the essential nature of his parliamentary presence. He emphasized that his attendance is crucial to uphold the trust of his electorate and to effectively raise the issues faced by them in the "true spirit of democracy and in consonance with the Constitution."
Upcoming Hearing and Political Implications
The second plea is expected to come up for hearing on Monday, setting the stage for another legal showdown between the detained MP and the state government. The case highlights the complex balance between national security concerns and parliamentary democracy, where an elected representative's ability to perform constitutional duties is being contested.
The winter session of Lok Sabha is scheduled to be held from December 1 to December 19, making the timing of the court's decision particularly significant. The outcome of this legal battle could set important precedents regarding the rights of detained parliamentarians and the interpretation of the National Security Act provisions concerning elected representatives.
This development occurs amid ongoing legal proceedings concerning Amritpal Singh's detention and raises fundamental questions about the intersection of security legislation and democratic representation. The high court's decision on Monday will be closely watched by political observers, legal experts, and the constituents of Khadoor Sahib alike.
