The Punjab and Haryana High Court on Friday directed Punjab to decide within seven working days the representation of Khadoor Sahib MP Amritpal Singh seeking temporary release to attend the upcoming Budget Session of Parliament. Amritpal Singh is currently under preventive detention under the National Security Act (NSA).
Disposing of the writ petition, the Division Bench headed by Chief Justice Sheel Nagu held that the power to grant temporary release under Section 15 of the National Security Act was with the “appropriate government” — which, in the present case, was the State government.
The court then ordered the Home Secretary, Department of Home Affairs and Justice, Government of Punjab, to take a decision on the representation dated January 17 and to communicate the outcome forthwith to him and his counsel.
The petitioner, a sitting Member of Parliament, had sought parole or temporary release to attend the Budget Session scheduled in two phases — from January 28 to February 13, and from March 9 to April 2 — invoking his constitutional role as an elected representative. He had also complained that his representation to the authorities, including one addressed to the Home Secretary on January 17, remained undecided.
The order came amid arguments touching upon the scope of preventive detention vis-à-vis the constitutional rights and privileges of an elected Member of Parliament. The court was informed during the course of hearing that the issue required authoritative consideration, particularly as it involved balancing the rights of a detained MP against the State’s power to detain a person on grounds of national security and public order.
Amritpal Singh had moved the court stating that he had addressed representations to the Union of India, the Lok Sabha Speaker and other respondents for granting parole and to allow him to attend the Budget Session of Parliament to be convened in two phases from January 28 to February 13 and from March 9 to April 2.
He added that the detention order was politically motivated passed with mala fide intent of silencing the petitioner, who was an elected Member of Parliament representing 19 lakh constituents. His continued detention undermined democratic rights and the will of the electorate