Amritpal Singh, the Member of Parliament from Khadoor Sahib, currently confined in Dibrugarh Central Jail, has petitioned the Punjab and Haryana High Court to quash the “entire proceedings initiated against him under the National Security Act, including detention orders.” The case is yet to be heard by the High Court.
In the petition filed by his counsels, Amar Jeet Mohan Singh Chouhan and Aarushi Garg, Singh argues that his detention under the NSA is illegal and should be nullified. The petition claims his right to life and liberty has been severely violated, describing his detention as “unusual and cruel” due to the prolonged use of the preventive detention Act and his placement far from Punjab—approximately 2,600 kilometers away, requiring almost four days of travel by train or car.
Singh contends that his detention is solely punitive for his vocal criticism of the state and central governments, a right he asserts is democratic. The petition also points out that the detention grounds are based on social media posts by various individuals worldwide, which, according to Singh, do not significantly impact Punjab or India’s security.
The plea argues that the grounds for detention are irrelevant and extraneous to the purpose of preventive detention. It highlights that the petitioner is being detained based on social media activity by others, against whom no action is taken. If any of the provided grounds are deemed irrelevant, the detention order can be contested as the detaining authority’s satisfaction would be undermined.
Additionally, Singh argues that the Amritsar District Magistrate lacks the authority to issue orders under the NSA concerning India’s security, a power reserved for the central or state governments.