Justice Berry recuses from hearing Amritpal plea, HC refers matter to special bench

His counsel, Imaan Singh Khara, submitted in the court that Amritpal was a sitting MP who had addressed representations to the authorities on January 17. He submitted that the MP intended to raise urgent issues during the Budget Session, particularly the rehabilitation of affected people following the August 2025 floods in his border constituency.

Khara submitted that large parts of Khadoor Sahib parliamentary constituency, spanning districts including Kapurthala, Sultanpur Lodhi, Tarn Taran and Ferozepur, had been severely affected by floods and that rehabilitation work remained incomplete. The MP, his counsel argued, needed to participate in parliamentary debates to seek funds and press these issues.

The counsel for Punjab, Anupam Gupta, however, pointed out that the Budget Session was scheduled to commence on January 28 and asked why the petitioner had approached the court at a late stage. The court observed that the authorities were entitled to a reasonable period to consider the representation.

Gupta submitted that Amritpal had been aware of the session schedule well in advance but had approached the authorities only on January 17. Additional Solicitor General Satya Pal Jain, representing the Union of India, argued that under the law, neither the Speaker of the Lok Sabha nor the Governor had any role in granting such permission, and that the decision rested solely with the detaining authority.

The Bench observed that the competent authority to decide the request was the Home Secretary, Punjab, in terms of earlier court orders and the preventive detention law under which Amritpal was detained. The court was of the view that the Home Secretary should decide the representation within 10 days even as Amritpal’s counsel pleaded that the state decide in four days.

ASG Satya Pal Jain underlined that the MP had time at hand as the Budget Session was being held in two phases, with a recess in between, and observed that the second phase would continue from March to April.

At the end of the hearing, the Chief Justice said that in view of Justice Berry’s recusal, the matter would be placed before a special Bench for issuance of the formal order.

Amritpal’s application follows an earlier plea by him to participate in the Winter Session of Parliament, which was rendered ineffective after the court’s hearing did not conclude before the session ended.