Committee For Granting Leave To MPs From Attending Lok Sabha Session Has Considered Cases Of Absentees: Centre Tells P&H HC In Amritpal Singh's Plea

The Union Government informed the Punjab and Haryana High Court on Tuesday (March 04) that a committee for granting leave to Members of Parliament (MP) from attending sessions of the house met on March 03 and considered the cases of all the absent MPs, including Amritpal Singh.

The submission was made in MP Amritpal Singh's plea–detained under the National Security Act (NSA), seeking to attend the Lok Sabha session. Amritpal has approached the High Court seeking direction to the Union, Punjab Government and other respondents to allow him to attend parliamentary proceedings in obedience to the summons issued by the Lok Sabha General Secretary.

Chief Justice Sheel Nagu and Justice Sumeet Goel noted that, "The learned counsel ASG Satya Pal Jain appearing for the respondents informs that committee on absence of members met yesterday and considered the case of all the absentee MPs including petitioner and the recommendation shall be placed before the speaker of the Lok Sabha after the Lok Sabha will meet on March 10. Let the matter be taken up on 12..."

ASG Satya Pal Jain submitted that "the committee on leave met yesterday, they have considered the application of five MPs who have applied for leave, they have made the recommendations... The recommendations are confidential in the privilege of lok Sabha. It will be placed on record on March 10, when Lok Sabha reopens."

ASG Jain appearing with Senior Panel Counsel Dheeraj Jain showed the confidential document to the court and stated that since "its confidential, I can't make any statement on record..." This is only a recommendation to the Lok Sabha, the ultimate decision will be of the Lok Sabha, he added.

Chief Justice Nagu enquired from the ASG Satya Pal Jain that, "How will you intimate it formally?", to which ASG responded, "After Lok Sabha meets on March 10," then it will be placed on the table of the house and becomes a public document, then the decision will be intimated by Speaker or Secretary General, he added.

Background 

According to Article 101 (4) “If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.”

In the previous hearing, the senior counsel appearing for Amritpal argued that he was absent for 54 days and only 6 days are left; after that, his seat would be declared vacant. Whereas, counsel appearing for the Punjab Government argued that an MP has no fundamental right to attend the proceedings.

Amritpal stated in the plea that he formally requested the Lok Sabha Speaker on November 30, 2024, to allow him to attend the parliamentary session and that he had already been informed about his absence from parliamentary sittings for 46 days.

He had also made representations to the Deputy Commissioner/District Magistrate seeking permission to attend the sessions, but no response had been received, it added.

The plea further stated that even a member of Parliament under preventive detention has a right to attend Parliament Sessions as per the Constitution, the right flows from Article 105. “An MP under preventive detention has the right to attend Parliament sessions," the plea said.

"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," it added.

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Case Title: Amritpal Singh v. UNION OF INDIA