Jailed MP Amritpal Singh appears virtually in HC, argues own case for parole to attend House

At the outset, Amritpal sought to argue his case himself, telling the court, “I am here to argue my case,” even as he flagged network issues during the video link.

The Chief Justice responded that the court could hear him, but cautioned, “After we hear your arguments, you should not request for adjournment saying my lawyer will argue.”

In his submissions, the MP said his ability to function as an elected representative had been effectively stalled since his election. “This petition has been filed for parole…all the work in my constituency has been stalled since I have been elected . I filed for bail a couple of times, even if conditional bail, so that I could take up the issues concerning my constituency. But till now no approval has been given”.

He argued that the issue went beyond his personal liberty. “The ‘masla’ (issue) here is not only about my bail which is in any case conditional… but under the democratic system of India, any elected representative holds the right to put across his point of view,” he said, adding that the NSA against him had been extended for a third year. Referring to constituency concerns, he said the issues included floods and drugs, which needed to be raised in Parliament “at this time”.

At this stage, the Chief Justice intervened, noting Senior Advocate Anupam Gupta, appearing for Punjab, had already begun his arguments and would have to be heard first.

A lawyer appearing for Amritpal submitted that it was entirely within the court’s discretion to grant custody parole, pointing out that the winter session was nearing its end. “The winter session is going to be over on the 19th. Only three days are left,” the counsel said.

He added that the MP was willing to give an undertaking that he would not say anything objectionable in Parliament. “Under Article 105, freedom of speech in Parliament is not absolute. It is subject to rules and regulations framed by Parliament. He can’t speak anything seditious… and he’s ready to give the undertaking,” the lawyer said, adding that Amritpal Singh intended to speak on floods, drug abuse in his constituency and development works under the MPLAD scheme.

When asked by the bench if he could conclude arguments the next day, Gupta said that would not be possible if the work suspension by lawyers continued. “I have never stood apart from my colleagues at the Bar. It will not be possible for me to address my Lords so long as the work suspension continues,” he said.

Taking note of the shrinking time window, the court observed that only December 19 remained as the last day of the session. The bench adjourned the matter to Wednesday, asking the counsel to keep the proposed undertaking ready for consideration.

During the earlier hearing on December 11, Gupta had argued that once a detained MP is allowed inside Parliament, Article 105(2) would grant absolute immunity for anything said, including “advocacy of Khalistan, armed struggle or anything else.” Prior to that the court had directed the Punjab government to produce the foundational material that led to the rejection of the parole request by Amritpal.