The Punjab and Haryana High Court Friday directed the Punjab Government to decide, within a week, the representation filed by Khadoor Sahib MP Amritpal Singh seeking temporary release from Dibrugarh Central Jail in Assam to attend the Winter Session of Parliament beginning December 1.
A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry passed the direction after a detailed hearing on the petition moved under Section 15 of the National Security Act (NSA). Amritpal, detained in Assam since April 2023 under a preventive detention order issued by the Amritsar district magistrate, is in the third year of his incarceration.
At the outset, the bench examined the representations Amritpal Singh had made to multiple authorities, including the Lok Sabha Secretariat, Union Ministry of Home Affairs, Punjab Government, and the Amritsar district magistrate. The counsel submitted that a formal request dated November 13 had been sent to both the Amritsar district magistrate and the Punjab home secretary.
The bench referred to a letter from the Lok Sabha Secretariat stating that the “competent court” or the authority that issued the detention order must decide such a request. Initially observing that the Amritsar district magistrate had passed the detention order, the bench later clarified — after examining Section 2A of the NSA — that where a detention order is issued by an officer subordinate to a state government, the state government itself is the appropriate government for temporary release under Section 15.
‘We will also talk about your duty’
Finding only a “representation,” rather than a structured application under the NSA, the court said the plea must set out the detention conditions, the grounds of detention, and a reasoned justification for temporary parole.
“You are talking about your rights. Now, we will also talk about your duty as a Member of Parliament. What is your research work? What item have you prepared to speak on?” Chief Justice Sheel Nagu asked.
Senior Advocate R S Bains said Amritpal Singh perhaps intended to raise flood-related distress across nearly 800 villages in his constituency, but admitted that he had limited instructions. To this, Additional Solicitor General Satya Pal Jain remarked, “It is your wish, Mr Bain’s.”
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The matter was listed for a detailed hearing on Friday after a brief hearing the previous day. In the petition, Amritpal seeks temporary parole under Section 15 of the NSA, arguing that physical presence in Lok Sabha is essential to fulfil his constitutional duties as an elected representative of nearly 19 lakh constituents.
He won the Khadoor Sahib seat in the 2024 Lok Sabha polls as an Independent candidate while in custody.
The petition cites two precedents to show that temporary escorted movement is permissible under the NSA: his four-day release in July 2024 to take oath as an MP, and the parole granted to co-detenu Kulwant Singh Dhaliwal to attend the last rites of a family member.
The plea emphasises that absence from the House for 60 sitting days without permission risks disqualification, though the Lok Sabha has previously granted leave to detained MPs.
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Disposing of the petition, the Bench directed the Punjab government to decide the November 13 representation “preferably before commencement of the Winter Session”, and to communicate its decision to the MP.
The court also recorded that the NSA detention order, last extended on April 17, 2025, remains operative until April 2026 and is not under challenge here.
Amritpal Singh’s petition (in brief)
• temporary release under Section 15 of the NSA to attend the Winter Session of Parliament from December 1 to 19;
• directions to the competent authority to consider his representation for parole;
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• recognition that attendance in Lok Sabha is necessary to perform his constitutional and constituency duties, especially given his election while in custody; and
• consideration of past instances where temporary release was granted for official or humanitarian purposes.
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
