The Punjab government has mounted a fierce legal opposition to the temporary release of radical Sikh preacher and Khadoor Sahib MP, Amritpal Singh, from detention to attend the ongoing winter session of Parliament. In a dramatic hearing at the Punjab and Haryana High Court on Monday, state counsel warned that a single speech by Singh in the Lok Sabha "could set the five rivers on fire," invoking a potent metaphor for regional turmoil.
State's Stern Warning Against a National Platform
Senior advocate Anupam Gupta, representing the Punjab government, argued vehemently against granting any form of parole. He cautioned the court that providing Amritpal Singh access to the Lok Sabha, even briefly, would hand him an unrestricted platform of national and international scale. "If permitted to participate, he will acquire an actual, physical, constructive, or virtual platform of national and global scale," Gupta submitted. He contended that such an opportunity, given Singh's background and ideology, posed a "serious danger to the safety and survival of Punjab."
The arguments were presented during the hearing of a petition filed by Amritpal Singh, who is currently detained under the National Security Act (NSA) at Dibrugarh jail in Assam. His plea seeks temporary release to fulfill his parliamentary duties.
Defence Counters: Offers Virtual Participation, Questions Evidence
Amritpal Singh's counsel, senior advocate R S Bains, countered the state's fears as exaggerated and lacking concrete evidence. He argued that the government's discretionary power to deny release cannot be absolute and must be backed by specific material. Highlighting his client's constituency needs, Bains stated, "Hundreds of villages of his constituency are under flood and it's important for him to raise their issues before Parliament."
To allay security concerns, Bains proposed an alternative: allowing Amritpal Singh to participate in parliamentary proceedings virtually. He argued that during a virtual session, authorities could disconnect him if necessary, a control not possible if he were physically present. "He may be asked to appear in virtual mode," Bains suggested, adding that practices evolve with time, much like courts adopted virtual hearings.
However, Additional Solicitor General of India, Satya Pal Jain, representing the Centre, informed the court that there is currently no provision for virtual participation of MPs in Parliament.
Allegations of a 'Hitlist' and Judicial Directive
In a serious allegation, advocate Anupam Gupta claimed a crucial ground for denying relief was that Amritpal Singh, while in jail, is circulating a 'hitlist' targeting his opponents and critics for physical elimination. Gupta emphasized the absolute freedom of speech under Article 105 of the Constitution once inside Parliament, arguing Singh could use the platform with "profound and inalterable consequences."
After considering the arguments from both sides, the division bench of Chief Justice Sheel Nagu directed the Punjab government to "place on record the specific material that formed the basis for denying Amritpal's request for temporary release." The bench has asked the state to present this evidence to enable a proper adjudication and has posted the matter for further hearing on November 8.
The court's order sets the stage for a crucial next hearing where the state must substantiate its grave apprehensions with documented proof, determining whether the detained MP can attend the parliamentary session.
