Jailed MP Amritpal Moves Punjab HC Seeking Directions To Allow Him To Attend Parliamentary Proceedings

Amritpal Singh

Amritpal Singh, an incarcerated Member of Parliament and a central figure in the pro-Khalistani movement, has petitioned the Punjab High Court for authorization to attend the ongoing parliamentary session.

His prolonged absence has raised critical constitutional and legal questions regarding the potential forfeiture of his seat due to non-attendance.

According to Article 101(4) of the Indian Constitution, any Member of Parliament who remains absent for more than 60 days without prior authorization risks disqualification. The provision explicitly states: “If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.”

As the elected representative from Khadoor Sahib, Singh has already accrued 46 days of absence, leaving a margin of just 14 days before his position is legally imperiled. Judicial proceedings regarding his petition are expected to commence imminently, according to legal sources.

Singh is currently detained in Assam’s Dibrugarh jail under the National Security Act (NSA). On January 23, he previously sought judicial intervention to secure temporary release for parliamentary attendance and participation in Republic Day celebrations. His legal counsel argues that his incarceration effectively silences the political representation of his 1.9 million constituents. They further contend that his detention is politically motivated, aimed at curbing his influence.

His initial detention was sanctioned by the Deputy Magistrate of Amritsar in March 2023 and has since been extended multiple times. Meanwhile, his father, Tarsem Singh, has vocally condemned the imposition of the Unlawful Activities (Prevention) Act (UAPA) against him, characterizing it as a strategic attempt to stifle the family’s emerging political ambitions.

In a statement to ANI, Tarsem Singh asserted, “Now, when the imposition of NSA on him comes to an end, they already imposed UAPA. Now when we are planning to launch a political party, it is a conspiracy to stop us. Bhagwant Mann’s anti-Sikh mindset is being exposed. Without any proof or investigation, such things are being done to defame Amritpal.”

This case has become a significant point of contention in both legal and political spheres. Singh’s supporters claim that his detention lacks substantive legal justification, while government authorities maintain that due process has been followed.

The resolution of his latest petition will be a decisive factor in determining whether he retains his parliamentary seat or faces formal disqualification.