Jailed MP Amritpal Singh Files Petition To Attend Ongoing Parliament Session

Amritpal Singh, an incarcerated Member of Parliament and a prominent advocate for the pro-Khalistani movement, has petitioned the Punjab High Court for authorization to attend the ongoing parliamentary session.

His protracted absence has ignited legal and constitutional concerns regarding the potential forfeiture of his parliamentary seat.

Pursuant to Article 101(4) of the Indian Constitution, a legislator who remains absent from parliamentary proceedings for a period exceeding 60 days without formal approval is liable to have their seat vacated.

The provision explicitly states: “If for a period of 60 days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of 60 days no account shall be taken of any period during which the House is prorogued or is adjourned for more than 4 consecutive days.”

Representing the Khadoor Sahib constituency, Singh has already been absent for 46 days, leaving a critical margin of 14 days before his parliamentary position is rendered vulnerable. Legal sources suggest that judicial deliberation on his petition is expected to commence imminently.

Singh is presently detained in Assam’s Dibrugarh jail under the stringent provisions of the National Security Act (NSA).

On January 23, he had previously sought judicial intervention to secure temporary release for parliamentary attendance and participation in the Republic Day celebrations. His legal submissions contend that his prolonged incarceration has effectively disenfranchised his electorate, numbering approximately 1.9 million, and that his continued detention is a politically orchestrated maneuver aimed at neutralizing his influence.

His detention, initially sanctioned by the Deputy Magistrate of Amritsar in March 2023, has been subject to multiple extensions.

Meanwhile, his father, Tarsem Singh, has vociferously opposed the imposition of the Unlawful Activities (Prevention) Act (UAPA) against him, denouncing it as a preemptive measure to obstruct the family’s anticipated political engagement.

In a statement to media, Tarsem Singh asserted, “Now, when the imposition of NSA on him comes to an end, they already imposed UAPA. Now when we are planning to launch a political party, it is a conspiracy to stop us. Bhagwant Mann’s anti-Sikh mindset is being exposed. Without any proof or investigation, such things are being done to defame Amritpal.”

This legal and political confrontation remains a contentious issue, with supporters of Singh arguing that his detention is bereft of substantive legal justification, while state authorities assert that due process has been meticulously observed.

The adjudication of his current plea will serve as a pivotal determinant of whether he will continue to exercise his legislative mandate or be formally disqualified from parliamentary office.

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