As Khadoor Sahib MP Amritpal Singh’s continuous absence from Parliament reached 59 sittings, the Punjab and Haryana High Court was informed on Tuesday that there was “no immediate threat” to his membership, as he could still apply for leave which was “ordinarily condoned” by the competent parliamentary committee.
The submission was made before a Division Bench headed by Chief Justice Sheel Nagu by Additional Solicitor-General of India Satya Pal Jain. He added that the 60th sitting — the statutory threshold — was falling “today” and the MP had already been informed of his right to seek condonation of absence.
Flagging the statutory threshold, Jain apprised the Bench: “The maximum days of absence is 60. If you abstain for 60 sittings continuously, the seat can be declared vacant by the Parliament.” He, however, clarified that the rule was not absolute in its operation. He also referred to the constitutional position, submitting that continued absence could attract action for vacancy of seat, subject to parliamentary consideration.
Referring to the internal parliamentary mechanism, Jain added: “Parliament has formed a committee which is called the condonation of absence committee… Last time it was condoned… So just informing, he can apply for leave, and it will be condoned. There’s no threat that way.” He elaborated that circumstances such as illness, accident or even detention were factors considered for condonation, with the committee making recommendations to Parliament.
Placing the current position on record, Jain stated: “Till now, the absence is 59 days… he has to apply for leave, which will be considered and ordinarily granted.” He added that the authorities had already communicated this position to the MP, clarifying that it was for him to apply. Jain was accompanied in the matter by counsel Dheeraj Jain.
The proceedings assume significance in the backdrop of the MP’s plea seeking temporary release to attend the ongoing Budget session of Parliament while under preventive detention. The court had earlier been informed that the Lok Sabha rules did not permit participation through virtual mode and that physical presence was essential for legislative functioning, including voting requirements.
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