Amritpal Singh seeks high court directions for attending parliamentary sessions

Less than a fortnight after launching a new political party, Shiromani Akali Dal (Waris Punjab De), Amritpal Singh is in the process of moving the Punjab and Haryana High Court, seeking directions for attending parliamentary sessions. Directions are also being sought from the authorities concerned to permit him to attend the Republic Day ceremony “in the interest of justice and equity”. The advance copies of the petition have been received by the respondents, but the plea is yet to be listed.

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Member of Parliament (MP) from Khadoor Sahib and the head of “Waris Punjab De” is currently confined in Dibrugarh Central Jail under the provisions of the National Security Act. “The participation of the petitioner in the Republic Day ceremony and parliamentary sessions is a matter of national importance and public interest. It symbolises the inclusiveness of democracy and the fundamental values enshrined in the Constitution,” he added. In his yet-to-be-listed petition against the Union of India, the state of Punjab and other respondents, Amritpal Singh has contended he was an elected MP representing over “19 lakh constituents in the constituency”.

Amritpal Singh has also added that he is obligated to attend parliamentary sessions and participate in legislative debates to effectively voice the concerns of his constituents and fulfil his constitutional responsibilities in his capacity as an MP.

The petitioner has stated that he submitted a formal request to the Lok Sabha Speaker seeking permission to attend the ongoing parliamentary sessions on November 30, 2024, but was informed he was absent for “46 days from parliamentary sittings”.

He also submitted a representation to Amritsar Deputy Commissioner, requesting permission to attend the ongoing parliamentary sessions and participate in the Republic Day ceremony. “However, no response has been received till date. Hence, the present writ petition,” he added.

The petitioner has also submitted that the essence of a representative democracy is in the active participation of elected representatives in the legislative process. Denying permission to attend parliamentary sessions deprived the people of Khadoor Sahib their rightful representation in the Lok Sabha, thereby undermining the democratic process.

The petitioner has also raised several legal questions for the court’s consideration, including whether the detention of an elected MP violates his fundamental right to equality under Article 14 of the Constitution and whether the denial of permission to attend parliamentary sessions infringes upon the privileges and immunities guaranteed to MPs  under Article 105. The petitioner has also questioned whether the refusal to grant permission constituted an arbitrary action, breaching the doctrine of anti-arbitrariness under Article 14.