Is panel on leaves for MPs in place: HC seeks Centre reply on Amritpal plea to attend House

The bench was hearing plea moved by Amritpal seeking directions to the Union and Punjab government to allow him to attend Parliament “in obedience to the summons issued by Lok Sabha General Secretary”. In his petition, Amritpal has cited Article 101(4) of the Constitution, according to which a seat in either House of Parliament may fall vacant if the member is absent for 60 consecutive sittings without permission.

Appearing for Amritpal, senior Advocate RS Bains contended the MP had already been absent from the Lok Sabha for 46 days from the date of filing the petition. Bains further contended that during the pendency of the application, the days that Amritpal has remained absent increased to 54 days and only six days remained before the threshold of 60 days was reached, after which his membership could be terminated.

Amritpal, in detention in a prison in Dibrugarh, Assam, since April 23, 2023, faces charges under the stringent National Security Act (NSA). His detention order, issued by the Deputy Magistrate of Amritsar in March 2023, has been extended multiple times since then.

In his petition, Amritpal has submitted that “An MP under preventive detention has the right to attend Parliament’s sessions; this is because parliamentary privileges and duties take precedence over detention in non-criminal (preventive) cases”. He claimed that he has been denied his constitutional right and due to his preventive detention, he has been forced to remain absent from parliamentary proceedings, with a malicious intent to get his Lok Sabha constituency go unrepresented and further, to get his seat vacated after 60 days of absence.

His counsel contended that Amritpal has been prevented from performing his functions as a public representative.

The bench noted that the first half of the Budget Session is already over and when Amritpal again receives summons to attend the parliament before the next sitting on March 10, he can move the court then.

However, his counsel argued that judicial process takes time and submitted that the MP has moved the application for permission to attend future sessions too.

Amritpal had initially moved the court in January, seeking permission to attend Parliament and meet Union ministers to discuss issues related to his constituency’s development. His plea argued that as an elected MP representing over 19 lakh people, he should be allowed to fulfil his parliamentary duties.

Earlier this week, the jailed MP again approached the court, expressing concern that his seat might be vacated due to his prolonged absence. Amritpal, who hails from Amritsar, has also referred to a recent Delhi High Court order that granted parole to Baramulla MP Rashid Engineer to attend parliamentary proceedings.

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