4 min readChandigarhFeb 11, 2026 05:12 PM IST
First published on: Feb 11, 2026 at 05:12 PM IST
The Punjab and Haryana High Court on Wednesday sought responses and adjourned the hearing on a petition filed by detained Khadoor Sahib MP Amritpal Singh, raising issues related to his participation in the ongoing Budget Session proceedings while under detention.
A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry considered submissions on urgency, parliamentary practice, and security concerns, and directed the respondents to file replies within 10 days. The matter will be taken up thereafter.
During the hearing, Singh’s counsel referred to the ongoing Budget Session, stating that the first phase was scheduled till the end of February and the second phase from March 9 to April 2. Singh’s counsel argued that legislative business was time-sensitive: the Budget would be examined by parliamentary committees before being returned to the House, and that limited time remained for participation.
The state and other respondents opposed the plea, citing “security of the state and maintenance of public order” as grounds for rejecting the petitioner’s earlier request. The bench was taken through a detailed order and relevant paragraphs dealing with the denial of permission.
Precedents involving detained lawmakers
A key issue before the court was whether a detained legislator could participate in House proceedings, including through virtual means.
Additional Solicitor General Satya Pal Jain submitted that although prisons have virtual hearing facilities, there is no provision in parliamentary rules for a detained member to participate virtually in House sittings. He said constitutional practices required physical presence and voting on the House floor in matters governed by the anti-defection law and other constitutional provisions.
Singh’s counsel also cited precedents involving detained lawmakers, including a parliamentarian accused under the Unlawful Activities (Prevention) Act, arguing that his client’s detention under the National Security Act was of a different legal character and that he was treated as a civil prisoner under the Punjab detention rules.
On behalf of the Speaker, a letter dated February 9 was placed on record, detailing Amritpal Singh’s absence from sittings for 37 days and the rule under which condonation of absence could be sought.
The letter stated that when a member is under detention, permission to attend House proceedings can only be granted by the competent court, and that the parliamentary secretariat has no role in granting such permission. It was submitted that the detaining authority had already declined permission.
The bench directed that the letter be placed on record along with an affidavit, and granted the parties time to file replies.
As an MP, Singh has not attended any Parliament sessions due to his detention. During the ongoing Budget Session, he sought temporary release or parole under the NSA to participate in person or virtually.
In January 2026, the Punjab and Haryana High Court directed the Punjab government to decide on his request. On February 3, the state rejected it, citing “grave security threats” and the absence of an enforceable right for detained MPs to attend sessions.
Singh then challenged this rejection in the High Court, arguing it violates his democratic mandate and legislative duties.
Singh was arrested in April 2023 after a high-profile manhunt triggered by his supporters’ armed clash with police in Ajnala. He was detained preventively under the National Security Act. He is lodged in Dibrugarh Central Jail, Assam, away from Punjab for security reasons.
His detention orders have been repeatedly extended, with the latest in April 2025 citing alleged links to anti-national elements, gangsters, and risks to public order.
During the hearing, Singh’s counsel referred to the ongoing Budget Session, stating that the first phase was scheduled till the end of February and the second phase from March 9 to April 2. (File photo) 
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