In his plea, Amritpal Singh argued that the State government rejected his request through what he described as an illegal, vague, unreasonable, and cryptic order.
The Punjab and Haryana High Court was informed on Wednesday that the rules of the Lok Sabha do not allow a Member of Parliament (MP) to attend House proceedings through virtual mode. The court also made it clear that it could not grant any interim relief in the matter, as doing so would effectively decide the main petition itself.
The submission came during the hearing of a fresh plea filed by Khadoor Sahib MP Amritpal Singh. In his petition, he has challenged the Punjab Government’s order rejecting his request for temporary release or parole to attend the ongoing Budget Session of Parliament.
Appearing for the Lok Sabha Speaker, Additional Solicitor-General of India Satya Pal Jain told the Division Bench headed by Chief Justice Sheel Nagu that there is no provision in the Rules of Procedure and Conduct of Business in Lok Sabha that permits an MP to participate or vote through virtual mode. He explained that constitutional requirements including those related to the anti-defection law require a member’s physical presence in the House.
He added that certain decisions require a two-thirds majority of members present and voting, which makes physical attendance necessary.
The clarification was given after the Bench asked whether any rule allowed a detained MP to attend proceedings virtually, especially since jails are equipped with video-conferencing facilities for court hearings.
At the beginning of the hearing, the Bench also considered arguments about whether the petition itself was maintainable. During the proceedings, the judges observed that they could not pass any interim order directing temporary release at this stage because that would amount to granting the final relief sought in the writ petition.
A letter dated February 9 addressed to Amritpal Singh was also presented in court on behalf of the Lok Sabha Speaker. The letter stated that the MP has been absent from the House for 37 days. It also recorded the settled rule that if a member is under detention, he can attend House sittings only with permission from the competent court.
After hearing all sides, the High Court granted the Punjab Government 10 days to file its reply in the matter.
Amritpal Singh is currently under preventive detention under the National Security Act (NSA). Through his petition, he has sought directions to the Union of India, the Punjab Government, and the Amritsar District Magistrate to allow his temporary release under Section 15 of the NSA so that he can attend the Budget Session. The Budget Session is being held in phases from January 28 to February 13 and from March 9 to April 2.
In his plea, Amritpal Singh argued that the State government rejected his request through what he described as an illegal, vague, unreasonable, and cryptic order. He said he wants to represent the people of his constituency in Parliament and raise their issues in the true spirit of democracy and in line with the Constitution.
He stated in the petition that he intends to highlight the damage caused by the August 2025 floods in around 1,000 villages of his constituency, the growing problem of drug abuse in Punjab particularly in border areas like his constituency and other development-related concerns.
Earlier, while disposing of his previous writ petition, a Division Bench led by Chief Justice Sheel Nagu had ruled that the authority to grant temporary release under Section 15 of the NSA lies with the “appropriate Government,” which in this case is the Punjab Government. The court had then directed the Punjab Home Secretary to take a decision on his January 17 representation and communicate it without delay.
Amritpal Singh has consistently claimed that his detention is politically motivated and carried out with mala fide intent to silence an elected representative. He has argued that his continued detention weakens democratic rights and goes against the will of the 19 lakh voters he represents.
