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Punjab and Haryana HC seeks replies on detained Khadoor Sahib MP Amritpal Singh’s plea to attend Budget session

The counsel of Khadoor Sahib MP Amritpal Singh argued that limited time remained for his participation in parliamentary proceedings.

Amritpal SinghDuring 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)

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.

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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.

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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.

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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