Punjab and Haryana High Court Seeks Clarity on Leave Application Procedure for MPs in Amritpal Singh Case

The Punjab and Haryana High Court has raised questions regarding the constitution of the 'Committee on Absence of Members from the Sittings of the House', which would enable Members of Parliament (MPs), like Amritpal Singh, to apply for leave during parliamentary proceedings. The Court directed the Central Government to provide clarity on whether the committee has been constituted, with the Division Bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel instructing Additional Solicitor General Satya Pal Jain to seek instructions and report back by February 25.

Amritpal Singh's Petition

The Court’s inquiry stems from Amritpal Singh's petition, an incarcerated MP who has been in preventive detention since 2023 due to his alleged attempts to revive the Khalistan movement in Punjab. Singh, elected to the Lok Sabha from the Khadoor Sahib constituency after his detention, is seeking permission to attend parliamentary proceedings and fulfill his duties as an MP.

Court's Remarks on the Absence Committee

In its remarks, the Court observed that the committee responsible for handling absences may not have been established yet, questioning the absence of a structured process for MPs like Singh to apply for leave. Chief Justice Nagu commented, "It is probably that the Committee has not been constituted which deals with matters of absentia."

Singh's Arguments on Parliamentary Privileges

Singh has argued that parliamentary privileges and duties should take precedence over his detention in non-criminal cases, asserting that an MP under preventive detention retains the right to attend parliamentary sessions. Singh has already been absent for over 46 days of parliamentary sittings, with the risk of his seat being declared vacant after 60 days of absence. Despite filing a leave application, Singh claims that no decision has been communicated to him by the District Magistrate of Amritsar.

Petition for Permission to Participate in MPLADS Meetings

Singh’s petition also seeks permission to participate in MPLADS (Members of Parliament Local Area Development Scheme) meetings with officials and ministers, emphasizing that his detention should not be construed as voluntary absence from his parliamentary duties. His legal team contends that Singh is being forcibly detained and kept away from Parliament, which amounts to contempt of Parliament.

Legal Implications and Broader Context

The case highlights the need for clarity on procedural matters related to the absence of MPs under preventive detention and the rights of elected representatives in such circumstances. The Court's decision to seek further instructions from the Central Government on this matter could have broader implications for MPs in similar situations.

Case Title: Amritpal Singh v Union of India and Others