Amritpal Singh, a Member of Parliament from Punjab, currently detained under the National Security Act (NSA) in Assam’s Dibrugarh Jail, has approached the Punjab and Haryana High Court. He is seeking a court directive to allow him to participate in parliamentary proceedings, citing his constitutional rights.
Elected as an independent candidate from the Khadoor Sahib constituency in last year’s elections, Singh has raised concerns over being denied the ability to represent his constituency, which he argues could lead to his seat being vacated due to prolonged absence. According to Article 101 of the Constitution, a member who misses 60 days of sessions without permission may lose their seat. Singh has been absent for 46 days so far.
In his petition, Singh highlighted his attempts to communicate with parliamentary and local authorities to secure permission to attend sessions but has received no favorable responses. He asserts that as an MP, even if under preventive detention, he retains the right to fulfill his parliamentary duties, a principle that he argues should take precedence over his detention status.
The petition also refers to precedents where detained MPs were allowed to attend parliamentary sessions. Singh cited a recent case from the Delhi High Court, which granted parole to Baramulla MP Rashid Engineer for this purpose. He stressed that the Lok Sabha Speaker or the Rajya Sabha Chairman has the authority to issue a production order to ensure a detained MP’s presence in the House, which the detaining authority must comply with.
