The Punjab & Haryana High Court has directed the State government to decide on MP Amritpal Singh’s plea for parole, seeking temporary release under Section 15 of the National Security Act (NSA), within seven days, preferably before the start of the upcoming Winter Session of Parliament. The court, comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry, asked the Punjab government to treat his representation as a formal application and decide it promptly. Amritpal Singh, detained in Dibrugarh Jail in Assam, had made the plea to be allowed to attend Parliament in his capacity as an elected representative of the Khadoor Sahib constituency.
In his petition, Amritpal argued that his detention prevents him from discharging his constitutional duty to represent his constituents, and that permitting his personal attendance in the House would allow him to raise issues affecting his people, particularly in the democratic spirit and according to constitutional values. During the hearing, the court questioned his counsel about what he intended to speak on once he was in Parliament, probing whether he would speak at all or remain a passive presence, and what exact issues he had researched to highlight. Senior Advocate R.S. Bains, appearing on behalf of Amritpal, offered that the MP likely planned to speak on issues related to flood relief.
The Union Government, represented by Additional Solicitor General Satya Pal Jain, informed the court that only the competent State authority has the power to grant his release under the NSA. The court was told that the representation had been submitted to the District Magistrate and the Punjab government. Initially, the State sought to argue that the representation was not in a proper formal application format. However, the court pressed the State to treat it as a formal application rather than rejecting it on procedural grounds, and the State agreed to consider it as such.
Amritpal’s request rests on Section 15 of the NSA, which empowers the competent authority to grant temporary release to a detainee, for a limited period, with or without conditions, and subject to cancellation at any time. His application appeals to this provision, describing his detention as exceptional, and emphasizing that attending Parliament is vital for fulfilling his duties as an MP. His petition also recalls that he was previously granted parole on July 5, 2024, for four days, during which he was permitted to travel to the Parliament and take his oath as a Member of Parliament.
In framing his plea, Amritpal’s counsel also pointed out a precedent involving one of his co-detainees — Kulwant Singh Dhaliwal (also known as Kulwant Singh Raoke), who was similarly detained under the NSA in Dibrugarh Jail. According to his petition, Dhaliwal was granted parole for about seven days under Section 15 to perform the last rites of his deceased uncle, demonstrating that such temporary releases have been allowed in analogous circumstances.
The court’s direction puts considerable pressure on the Punjab government to act swiftly, signaling its insistence that the constitutional rights of an elected representative must be balanced against security concerns. The High Court’s order demands clarity and a decision on his parole application, underscoring the urgency tied to the commencement of the Parliament’s Winter Session.
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