Amritpal seeks temporary release to attend Parliament; high court to hear plea today

Amritpal, detained in Assam since April 2023, moved the plea through advocates Imaan Singh Khara, Anmoldeep Singh and S S Cheema, arguing that physical presence in the Lok Sabha was essential to discharge his constitutional duties as an elected representative of nearly 19 lakh constituents.

Amritpal, a self styled preacher and head of Waris Punjab De, has remained detained at Dibrugarh Central Jail under the NSA since April 2023. He was arrested after he and his associates stormed a police station in Ajanla demanding the release of an accused in a kidnapping case. He won the Khadoor Sahib seat in the 2024 general elections as an Independent while in custody.

In his petition, Amritpal has invoked Section 15 of the National Security Act (NSA), which allows temporary release of NSA detainee for a specified period in exceptional circumstances. The plea cites two precedents: Amritpal’s own escorted four-day release in July 2024 to take oath as an MP, and the parole granted to co-detenu Kulwant Singh Dhaliwal for about a week to perform last rites of a family member.

During the brief hearing, the Bench asked about the status of the NSA detention order and whether any challenge to it was pending. The court also noted that temporary parole under Section 15, unlike full release, does not require quashing the detention order but must be justified as an exceptional case.

Counsel for the petitioner argued that the plea for parole was independent of any proceedings challenging the legality of the detention, and that his earlier release for oath-taking showed that the law did not bar temporary escorted movement. They submitted that representation of a parliamentary constituency in an ongoing session met the threshold of exceptional circumstances under the NSA.

The respondents in the plea include the Union of India, the Punjab government and Assam authorities who currently hold custody of the MP.

The petition also points to constitutional provisions warning that prolonged absence of an MP from the House without permission can risk disqualification after 60 sitting days, although the Lok Sabha has in past cases granted leave of absence to detained members.

Amritpal has remained detained under the NSA since April 2023.