'Immune from judicial review': HC dismisses Khadoor Sahib MP's plea
Chandigarh, April 17 -- The Punjab and Haryana high court on Thursday dismissed radical leader Amritpal Singh's plea challenging his April 2025 detention order observing that it was "immune from the powers of judicial review". His third detention ends on April 23.
Amritpal had approached the high court on December 8, 2025, challenging the detention order passed by the Punjab government on April 17, 2025.
The radical leader was arrested in Moga's Rode village on April 23, 2023. He had challenged detention orders in 2023 and 2024 as well.
However, while hearings were underway, fresh detention orders came on both the occasions.
"This (instances cited) clearly indicates that the fear psychosis spread by the petitioner by indulging in nefarious activities has pan-Punjab effect/repercussions. The materials indicate that various instances in different districts of Punjab were showing linkage of the petitioner to the element of breach of public order, not only in any particular district but across all the districts of state of Punjab," the bench of chief justice Sheel Nagu and justice Sanjiv Berry said while referring to the various grounds taken by the state authorities in passing fresh detention order on April 17, 2025.
The government had claimed his involvement in Ajnala police attack case of 2023, alleged clippings of his involvement in terrorist activities, preparation of a hit -list by his supporters and his alleged involvement in the murder of one Gurpreet Singh Harinau in October 2024, who once his close associate had distanced himself from Amritpal. Besides, the government had also cited his alleged interactions recorded on tapes with terrorists and his "direct connection" with them.
"In the conspectus of above discussion, it is clear as day light that the impugned order of preventive detention passed against the petitioner is immune from the powers of judicial review," the court said while dismissing his plea against the April 17, 2025 order of district magistrate, Amritsar ordering his fresh detention from April 23, last year for a one- year period.
The court also recorded that material on record reveals that there was sufficient material before the district magistrate, Amritsar to safely arrive at a reasonable satisfaction that if the petitioner is not preventively detained, then the situation of breach of public order and security of the state "may arise". The court also upheld the state's power to authorize through a generic order all the district magistrates and commissioners of police in the state to exercise their powers in their district/ jurisdictional area to pass the NSA detention orders.
In his plea, Amritpal had claimed that there was no application of mind by authorities while passing detention orders. Further, there was no fresh material on record to pass the order in question. The state could not have conferred power on a district magistrate by a general order, instead power needs to be conferred on ground reality in each district, where incidents of breach of public order may arise, he had argued....
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