The Punjab and Haryana High Court on Tuesday reserved its verdict on a plea filed by incarcerated Member of Parliament (MP) Amritpal Singh, who is seeking temporary release on parole to attend the ongoing Budget Session of Parliament. During the proceedings, the court was informed that the Khadoor Sahib representative has now been absent for 60 consecutive sittings, a threshold that, under Article 101(4) of the Constitution, allows the House to declare his seat vacant.
Amritpal Singh, the 33-year-old chief of ‘Waris Punjab De’, contested the 2024 Lok Sabha elections as an independent candidate and won from the Khadoor Sahib constituency while in custody. He has been lodged in Assam’s Dibrugarh jail under the National Security Act (NSA) since April 2023, following a month-long manhunt triggered by the Ajnala police station incident.
The MP moved the High Court seeking parole to participate in the Budget Session (held in two phases: January 28 to February 13 and March 9 to April 2). He argued that his presence is necessary to raise critical issues, including the 2025 Punjab floods, rising drug abuse, and developmental concerns in his constituency. Earlier, the Punjab government had rejected his representation for temporary release, citing a “serious threat to the security of the state and the maintenance of public order.”
Additional Solicitor General of India (ASG) Satya Pal Jain, appearing for the Lok Sabha Speaker, informed the division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry that Singh’s absence reached 59 sittings on Monday and 60 days today.
Jain pointed out that Article 101(4) of the Constitution provides that if a member of either House of Parliament is absent for a period of sixty days without permission, the House may declare the seat vacant. However, the ASG noted that a procedural remedy exists.
“There is a Lok Sabha committee on condoning absence from the House,” Jain submitted. “If an MP submits an application along with the reasons for his absence, the committee can consider it and submit its recommendations. The Lok Sabha generally condones it.”
The ASG further informed the bench that:
- Amritpal Singh has already been notified of this requirement.
- Detention is recognized as a valid ground for the committee to consider condoning absence.
- Singh’s absence has previously been condoned on two occasions.
In response to previous queries regarding digital participation, the court was reminded that there is currently no provision in the Lok Sabha rules allowing an MP to attend sessions via virtual mode.
The Punjab government remains firm in its opposition to Singh’s release. His detention under the NSA was extended in April 2025. While nine of his associates, also held in Dibrugarh, were recently moved back to Punjab, Singh remains in the Assam facility. The state maintains that his release would jeopardize public order, referencing the February 2023 Ajnala incident where Singh and his supporters allegedly clashed with police to force the release of an aide.
After hearing the submissions from both the Union and the petitioner’s counsel, the division bench reserved its order. The court’s decision will determine whether the MP will be granted temporary liberty to perform his legislative duties or if he must rely on the administrative process of the Lok Sabha committee to retain his seat.
