HC rejects MP Amritpal'splea to attend Parl session
Chandigarh, March 28 -- The high court on Friday dismissed a petition by NSA detainee Khadoor Sahib MP Amritpal Singh, who had challenged the Punjab government's refusal to grant him parole to attend the ongoing budget session of Parliament.
Amritpal, who has been detained under the stringent National Security Act (NSA) since 2023, had approached the high court on February 11 after the state government rejected his parole request on February 2. The high court bench of chief justice Sheel Nagu and justice Sanjiv Berry said that the state's argument may or may not be true, but the very fact that competent authorities have expressed their concern about the possible breach of public order and security of the state in case of temporary release of the petitioner, the court has no option but to uphold the impugned order.
"The veracity of the material forming the foundation of the apprehension nursed by competent authority of breach of public order cannot be gone into. Such apprehension in the considered opinion of this Court is based on subjective satisfaction of material available on record," the bench further observed.
The court also said that there is no constitutional or legal infirmity in the impugned order and observed that the threat perception to the public order and security of the state continues to exist, which is evident from the detailed reports of the Amritsar district magistrate and the senior superintendent of police (Rural), respectively. These reports have been considered by the competent authority before passing the impugned order, it added.
"Whenever the right to liberty of a person, who is suffering a preventive detention order, is pitched against public order and maintenance of security of state, the first and foremost thing which needs to be considered is as to whether grant of liberty would in any manner prejudice the concept of public order and security of the state."
" Even if there is an iota of doubt in the mind of the competent authority that there is a possibility of public order or maintenance of security of the state being breached, then the liberty of an individual is rendered subservient and inconsequential. Sovereignty, integrity and security of the state and nation are always paramount. An individual's right to speech or liberty is always subservient to the larger concept of public order and security of the state/nation," the court observed.
As regards the argument that he could be disqualified from the Parliament due to prolonged absence, the court added that he is at liberty to make a prayer for exemption from the proceedings of the Parliament in session.
In his petition, Amritpal sought to quash the February 2 rejection order, demanding temporary release or make arrangements for his personal attendance in Parliament. He argued that the rejection by the Amritsar district magistrate was illegal and arbitrary, claiming a DM lacks jurisdiction under Section 3(2) of the National Security Act (NSA).
Amritpal alleged his detention is "politically motivated" and designed to silence an elected MP representing 19 lakh constituents.
"The petitioner wants to represent the people of his Khadoor Sahib constituency before the Parliament and also to highlight the various issues faced by the people... in the true spirit of democracy," the plea said.
The plea listed local issues Amritpal intended to raise, including the August-September 2025 Punjab floods, the drug problem, and stalled development works.
Opposing the plea, the Punjab government argued that a single speech by Amritpal could trigger law and order issues in the state.
No higher right of temporary release is available to an elected Member of Parliament in detention than that available to an ordinary citizen, the state had further argued.
Amritpal has been lodged in Assam's Dibrugarh jail under the NSA since April 2023. While nine of his accomplices were transferred back to Punjab last year, his detention was extended for another year by the Amritsar DM.
Since winning the 2024 Lok Sabha elections, Amritpal has been granted parole only once, on July 5, 2024, to take his oath of office. He has not attended Parliament since.
A similar request to attend the February 2025 session was denied by the government. In December 2025, he moved the high court to attend the winter session, but the session concluded before the court could decide the matter....
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