Newly Elected MP Amritpal Singh Moves Punjab & Haryana High Court Seeking To Quash NSA Proceedings Against Him

Amritpal Singh, a recently elected Member of Parliament who is detained under stringent National Security Act (NSA), has moved the Punjab and Haryana High Court 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.

The first detention order against Amritpal was passed in March 2023 after he allegedly gave provocative speech.

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."

The plea submits that the District Magistrate of Amritsar could not issue any orders with respect to "Security of India" under section 3(3) NSA and only Central Government or State Government could issue the same under section 3(1) of NSA.

There was no material before the District Magistrate which can reach even the subjective conclusion that petitioner is acting in any manner prejudicial to the defense of India, the relations of India with foreign powers, of the Security of India, the plea further added.

Petition filed by Advocate Amar Jeet Singh, settled by Senior Advocate R.S. Bains.

Title: Amritpal Singh v. Union of India and others