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As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’ behind move

Waris Punjab De chief Amritpal Singh’s counsel argued that as a sitting MP, he should at least be permitted to attend the ongoing Parliament session virtually.

4 min readChandigarhDec 1, 2025 05:46 PM IST

Punjab and Haryana High Court asks Punjab to produce original files on preventive detention of MP Amritpal Singh under NSA as it hears challenge to his continued detention. (Source: File)

The Punjab and Haryana High Court Monday directed the Punjab government to produce the foundational material that led to the rejection of the parole request by MP and Waris Punjab De chief Amritpal Singh, who is currently lodged in Assam’s Dibrugarh jail under the National Security Act (NSA).

The division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the direction after a detailed hearing involving Senior Advocate R S Bains for Amritpal, Senior Advocate Anupam Gupta for the state, and Additional Solicitor General (ASG) Satya Pal Jain for the Union of India. Last week, the Punjab government denied temporary parole for the jailed Khadoor Sahib MP who had sought the relief to attend the Winter Session of Parliament.

‘How can parole to Amritpal harm national security?’

Bains maintained that the state had misused its discretion under Section 15 of the NSA by issuing a cryptic rejection order without connecting the decision to any specific material. He added that Amritpal was not seeking to enter Punjab, but only to discharge his parliamentary duties in custody.

“How does this harm national security? Discretion must be lawful, rational and fair. They must explain why attendance in Parliament poses danger,” he said, adding that his constituency in Khadoor Sahib was grappling with severe flooding and that he needed to raise the issue in the House.

At one point, Bains proposed that Amritpal, as a sitting MP, should at least be permitted to attend the ongoing Parliament session virtually. He argued that custody parole could be structured with strict conditions, and that technology and precedent showed institutions could adapt when circumstances required.

“Courts functioned virtually long before statutory rules were amended. Infrastructure exists in jails and Parliament. What is the harm in allowing a sitting MP to participate virtually?” he asked.

Amritpal’s speech could pose danger to Punjab: state counsel

Opposing the move on behalf of the state government, Gupta told the court that allowing Amritpal any platform, physical or virtual, carried grave risks. “Once an MP gets a national or global platform, the consequences for security are profound. A single speech can pose serious danger to the safety and survival of Punjab and the nation. It can set the five rivers on fire. One can only err on the side of caution,” he submitted.

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Gupta said the state’s apprehension was grounded in Amritpal’s background and alleged conduct, and that the discretion exercised was justified. He added that the Speaker had complete control over House proceedings and that participation could not be allowed outside existing rules.

ASG Jain confirmed that there was no provision for Parliament members to attend sessions through videoconferencing. “Members have to be present on the floor of the House. Otherwise, anybody from anywhere could claim a right to speak. There is no provision at all for virtual participation,” he said.

Counsel referred to earlier judgments, including a Delhi High Court case involving custody parole for an MP, but clarified that the larger question in that matter was still pending. The bench examined portions relating to discretion, costs and the scope of judicial direction where no statutory right to parole exists.

As arguments intensified, Bains questioned the state’s broad invocation of national security. “They say my speech will set the country on fire. Where is the material? How does my attendance in Parliament endanger the nation?” he asked.

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Gupta replied that the state would place the entire record before the court. “The grounds of detention are serious. All constitutional and statutory procedures under the NSA have been followed. The material is voluminous. We have supplied him with everything,” he said, seeking time.

After hearing all sides, the bench directed the state of Punjab to file the foundational material underlying the impugned rejection order. The bench observed that without this material, it could not adjudicate the legality of the decision.

The matter will be heard again next Monday, by which time the state has assured it will place the complete record on file.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More