MP Amritpal Singh Moves Punjab & Haryana High Court Against Third NSA Detention Order

Lok Sabha MP Amritpal Singh has approached the Punjab & Haryana High Court challenging his third consecutive detention order under the National Security Act (NSA).

The Supreme Court on November 10 refused to entertain a writ petition filed by  Amritpal Singh challenging his third detention under the National Security Act, 1980. The Court gave given liberty to approach the Punjab and Haryana High Court and requested it to dispose of the matter preferably within 6 weeks.

Amritpal Singh MP from Khadoor Sahib Parliamentary Constituency, Punjab, alleged in his plea that he has been under preventive detention since April 2023 pursuant to successive detention orders, despite there being no credible material connecting him with any alleged prejudicial activities.

The impugned detention order is arbitrary, unsustainable in law, devoid of jurisdiction, and violative of the constitutional safeguards enshrined under Articles 21 and 22 of the Constitution of India, the plea argued.

It further sates that no material has been supplied to the detenue, in support of the allegations leveled by the Detaining Authority. Mere reference to pendency of investigation, FIR, or nomination as an accused, without furnishing the underlying material, renders the detention order arbitrary and unsustainable in law.

It is submitted in the plea  that the pendency of investigation or FIR, or even nomination as an accused, cannot be the sole basis for invoking preventive detention under the NSA, unless the detaining authority can demonstrate that such acts have disturbed public order or pose an imminent threat to it.

"Preventive detention cannot be justified based on vague, unverified, or anticipatory assumptions, especially," added the petition.