MP Amritpal Detained Under NSA Granted Leave From Attending Parliament: Lok Sabha Tells Punjab & Haryana High Court

The Union Government today informed the Punjab and Haryana High Court that MP Amritpal Singh has been granted leave of 54 days from attending sessions of the Parliament.ASG Satya Pal Jain informed the bench of Chief Justice Sheel Nagu and Justice Sumeet Goel that Amritpal's application seeking leave was allowed yesterday (March 12) in the Parliament.The development is significant in light of Article 101(4) which empowers the House to declare the seat of an MP vacant if (s)he is absent from all meetings of the House for a period of sixty days, without permission of the House.Since Amritpal is under preventive detention under the National Security Act (NSA), he has been unable to attend the ongoing Budget session.Citing this provision, Amritpal had moved the High Court. He had also sought directions to Government authorities to make arrangements for utilization of MP Local Area Development Funds as per his recommendation. However, refusing to pass any orders in this regard, the bench said,"Conduction of Parliament is governed by certain rules so it will be appropriate to approach the speaker of the Lok Sabha for prayer, to make arrangements for utilisation of development fund available..."With this, the plea was disposed of.Previously, Amritpal's counsel had informed the Court that the legislator has remained absent for 54 days and only 6 days remain for his seat to be declared vacant on grounds of unauthorised absence.It was argued that an MP under preventive detention has the right to attend Parliament Sessions as per the Constitution. This right flows from Article 105 of the Constitution, it was submitted."The detaining authority must make arrangements for the MP to attend Parliament if it is in session. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha can issue a production order to ensure his presence of the detained MP in the House," the plea stated.The Punjab Government had on the other hand argued that an MP has no fundamental right to attend the Parliament proceedings.A detailed order is awaited.Senior Advocate R.S Bains appeared for the petitioner.ASG Satya Pal Jain and Senior Panel Counsel Dheeraj Jain apppeared for the Union GovernmentCase Title: Amritpal Singh v. UNION OF INDIA

MP Amritpal Detained Under NSA Granted Leave From Attending Parliament: Lok Sabha Tells Punjab & Haryana High Court

Aiman J. Chishti

Tags