In a significant legal development, the Punjab and Haryana High Court has ordered that Khadoor Sahib MP and ‘Waris Punjab De’ chief Amritpal Singh will appear before a trial court in Amritsar via virtual mode for proceedings related to the 2023 Ajnala police station attack. The court cited exceptional security concerns and the “proximate danger of breach of public order” as the primary reasons for avoiding his physical presence in Punjab.
The interim order was passed by a division bench led by Chief Justice Sheel Nagu and Justice Anil Kshetarpal. The decision comes as Amritpal Singh’s preventive detention under the National Security Act (NSA) is scheduled to expire on April 22.
The Punjab government moved the High Court seeking directions to maintain Amritpal Singh’s custody in Dibrugarh Jail, Assam, even after his NSA detention ends. The state argued that bringing the MP to Amritsar for trial proceedings would likely trigger a massive law and order crisis across the state.
The bench observed that there are “sufficient reasons” to be satisfied that “exceptional circumstances” exist. The court noted:
“The high court observed that there are sufficient reasons for the court to be satisfied that exceptional circumstances of proximate danger of breach of public order exist, in case the respondent physically attends the trial court proceedings in Amritsar.”
Amritpal Singh, who styled himself after the late militant Jarnail Singh Bhindranwale, was the focus of a month-long manhunt in early 2023. He was eventually arrested in Moga’s Rode village on April 23, 2023.
The crackdown followed the violent incident on February 23, 2023, at the Ajnala police station. During this event, Amritpal and hundreds of supporters—some armed with swords and firearms—stormed the police station to demand the release of an aide, resulting in a clash with security forces.
While in custody, Amritpal contested the 2024 Lok Sabha elections as an Independent candidate and won the Khadoor Sahib seat. Despite his status as an MP, he has remained incarcerated in Assam.
The Punjab government, represented by the Senior Superintendent of Police (Amritsar Rural), informed the bench that the state intends to formally arrest Amritpal in connection with the Ajnala FIR (No. 39) once the NSA detention ends.
The state counsel contended:
- Security Risk: Intelligence inputs suggest that Amritpal’s physical presence in Punjab could lead to a breach of peace.
- Virtual Trial Validity: The state argued that virtual mode is a legally acceptable means of conducting trials, particularly when exceptional circumstances prevail.
- Investigation: The state sought permission to investigate Amritpal at a designated place within or near Dibrugarh Jail rather than bringing him to Punjab.
The High Court’s interim order permits the Amritsar trial court to conduct all proceedings—including police and judicial remand—through video conferencing. This arrangement ensures that Amritpal’s right to a defense is maintained while mitigating security risks.
Regarding legal representation, the bench stated:
“As assured by the learned counsel for the state of Assam, the state shall ensure that respondent No.3 can seek legal assistance/advice/aid from his chosen attorney or from the legal aid panel… through virtual mode from the Dibrugarh jail for preparing his defence.”
The court clarified that this specific arrangement was made “to prevent a possible breach of public order” during the pre and post-trial hearings triggered by the February 2023 incident.
