High Court Issues Notices To Union, Punjab Govt On MP Amritpal's Plea; Seeks To Know Grounds Forming Basis For His NSA Detention

The Punjab and Haryana High Court today sought response from the Union and Punjab Government on plea filed by Amritpal Singh, a recently elected Member of Parliament who is detained under stringent National Security Act (NSA), challenging the entire proceedings as well as his preventive detention.

Amritpal, since his arrest in April 2023 is lodged in Dibrugarh Jail. He won the 2024 Lok Sabha elections from Punjab's Sri Khadoor Sahib parliamentary constituency as an Independent candidate. He is head of alleged "pro-khalistani" outfit Waris Punjab De and also an accused in Ajnala Police Station attack incident.

While issuing notice of motion to all the respondents including Centre, Punjab Government and District Magistrate Amritsar, bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal asked the State counsel to place on record the alleged material based on which the detention order was passed.

The first detention order against Amritpal was passed in March 2023 after he allegedly gave provocative speech, followed by second detention order in April, 2024. In his plea, Amritpal contended that his life and liberty has been completely taken away in "an unusual and cruel manner" by not only invoking preventive detention law against him for more than a year but also detaining him 2,600 km away from his home state, Punjab.

He added that since he has taken an oath under the Constitution, he has "earned a right to represent the best interest of his constituency and the state of Punjab."

The plea stated that the grounds of detention against Amritpal "are primarily based on social media posts uploaded by different persons across the world which have hardly any practical impact in the state of Punjab and possibly the security of the State of India cannot be so fragile as to be impacted by social media posts."

Today, the Court enquired from Senior advocate RS Bains appearing for Amritpal whether there are any procedural lapses by the authorities in passing the detention order. Answering the query, the senior counsel responded that "the material on which the detention order is based is merely a social media post of third person."

Punjab State counsel said that, "there were various intelligence input based on which the detention order is passed." Chief Justice Nagu responded, "please share it (material) with the Court...what are the grounds on which detention order is passed?...file the reply."

ASG Satya Pal Jain appearing for the Union Government submitted that Amritpal never challenged his earlier detention orders, whereas his other alleged associates detained under NSA, have already challenged the same and the plea is pending for August 28, hence the present petition may be heard along with them.

Considering the submission, the matter is posted on August 28.

Senior Advocate R.S. Bains, Advocate Amarjeet Singh appeared for Amritpal Singh.

ASG Satya Pal Jain, Sr Panel Counsel for Union Dhiraj Jain appeared for Union.

Title: Amritpal Singh v. Union of India and others