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‘Plan to create Khalistan’: HC upholds MP Amritpal Singh’s NSA detention

Court says ‘no infirmity’ in detention order; cites material showing threat to public order across Punjab

5 min readChandigarhUpdated: Apr 16, 2026 07:23 PM IST

Khadoor Sahib MP Amritpal Singh. (Source: File)

The Punjab and Haryana High Court on Thursday upheld the preventive detention of Khadoor Sahib MP Amritpal Singh under the National Security Act (NSA), dismissing his petition and ruling that the State’s action was backed by “sufficient material” and did not warrant judicial interference.

Dismissing the plea filed under Articles 226 and 227 of the Constitution, the division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry held that “we do not find any infirmity/illegality therein so as to call for any interference,” adding that the detention order was “immuned from the powers of judicial review.”

The petition had sought quashing of the detention order dated April 17, 2025, passed by the Amritsar District Magistrate, under which the petitioner was detained with effect from April 23, 2025, following earlier detention orders in 2023 and 2024.

At the outset, the court recorded that the petitioner’s counsel “candidly admitted that the order of preventive detention is not being challenged on any procedural lapse, but on merits of the allegations.”

The bench then proceeded to examine the grounds of detention, noting that they “reveal… activities/involvement/association of the petitioner with elements which gave rise to the apprehension of potential danger to the breach of public order.”

Among the allegations cited were “conspiring with anti-national elements”, “association with dreaded gangsters and terrorists”, and “campaigning the cause of Khalistan separatist.” The court also took note of claims that the petitioner sought to “physically eliminate persons who have the potentiality to publicly expose [his] misdeeds.”

Referring to the murder of Gurpreet Singh Harinau, the bench observed that the material on record included witness statements indicating that “plans were being made to use drug money for smuggling dangerous weapons into the country for the ultimate object of creating a Khalistan State,” which the court described as “direct proof of raging war against the State.”

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The judgment further noted that an Intelligence Wing communication had identified 15 individuals allegedly on a “hit-list”, and that the killing of Harinau had “confirm[ed] the aforesaid apprehension… into reality,” leading to a “fear psychosis… thereby creating live and present danger to public order.”

Rejecting the argument that there was no application of mind by the District Magistrate, the court held that “the material available on record reveals that there was sufficient material… to safely arrive at a reasonable satisfaction that if the petitioner is not preventively detained, then the situation of breach of public order and security of the State may arise.”

A key challenge raised by the petitioner was against the State government’s April 15, 2025 order empowering all District Magistrates and Commissioners of Police under Section 3(3) of the NSA. The petitioner argued that such delegation must be “district/incident/event centric” and that a “generic order giving wide and sweeping powers” was legally untenable.

The bench, however, rejected this contention, holding that the statute does not impose such a limitation. Interpreting Sections 3(2) and 3(3) of the NSA, the court observed that the expression “circumstances prevailing or likely to prevail in any area” does not restrict the State to issuing only incident-specific orders.

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“The text of section 3(3)… does not prevent the State Government from passing a generic order… authorizing all the District Magistrates and Commissioners of Police within the State of Punjab,” the court held, adding that “something which is palpable… from the plain reading… cannot be introduced by purposive interpretation.”

It further ruled that “if the statute had any such intention… it would have expressed the same in the text,” concluding that the April 15 order was “rightly issued in generic terms.”

On the broader question of preventive detention, the bench emphasised that the “grounds are clearly indicative of reasonable apprehension… based on subjective satisfaction founded upon objective material” that the petitioner posed a threat to public order and state security.

The court also noted that procedural safeguards under the NSA had been followed, including approval of the detention by the State government and the Advisory Board’s opinion that “there is sufficient cause for the detention.”

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Distinguishing a series of Supreme Court and High Court rulings cited by the petitioner, the bench held that those cases either involved procedural lapses or different factual matrices and were “of no avail” in the present case.

Concluding that the detention order was legally sustainable, the court said, “in the conspectus of above discussion, it is clear as day light that the impugned order… is immuned from the powers of judicial review,” and dismissed the petition without costs.

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

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