Punjab & Haryana High Court Seeks State's Response On Plea By Amritpal Singh's Alleged Aide Detained Under NSA Since 8 Months

The Punjab & Haryana High Court has directed the Punjab government to file within two weeks, its reply to the petition filed by Waris Punjab De chief Amritpal Singh's alleged aide who were arrested in April, challenging their preventive detention under National Security Act (NSA).

Justice Vinod Bhardwaj said, "Considering that the matters relate to preventive detention and counsel for the respective petitioners contend that they have already undergone nearly 7 1⁄2 - 8 months of preventive detention and that the maximum permissible period of preventive detention is 12 months, the learned State Counsel is directed to file reply(ies) affirmatively within a period of two weeks from today."

The bench further added that in the eventuality of the replies being not filed within a period of two weeks, a further period of one week shall be available to the State for filing reply, however, the same shall be subject to payment of costs Rs.20,000/- in each case to be deposited with the High Court Legal Services Committee, Chandigarh.

The bench was seized with the plea against petitioners' detention under NSA in Dibrugarh jail along with Amritpal Singh.

The petition moved by Papalpreet Singh states that he was arrested on the grounds of being a "close associate of Amritpal", "vandalising Ajnala Police Station" and "for promoting agenda of Ampritpal's organisation Waris Punjab de."

It further stated that he submitted a written representation to the authorities through Jail Superintendent. However, the advisory board has rejected the representation.

Papalpreet argues that District Magistrate could not pass 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.

It is further stated that as per the mandate under Section 3(5) of the NSA Act, the State Government was bound to send the detention order made against the petitioner within seven days to the Central Government. Further the State Government was bound to send the approval order made against the petitioner under the NS Act to the Central Government within seven days.

"The State Government has failed to provide both the said order a s well as approval along with the grounds within the specified time and therefore the detention order of the petitioner have become illegal and is liable to be set aside," the petition adds.

The matter is now listed for December 18, for further consideration.

Appearance: Brijinder Singh Loomba, Advocate for Navkiran Singh, Advocate for the petitioner in CWP-22014-2023.

Bipan Ghai, Sr. Advocate with Advocates I.S. Khara, Nikhil Ghai, P.S. Bindra and Sehdevi, Advocates for the petitioners in CWP-23635-2023, CWP-23632-2023, CWP-23633-2023, CWP-23637-2023 and CWP-23639-2023.

Aman Pal, Addl. A.G., Punjab for respondents No.1 to 3 in all matters.

S.P. Jain, Addl. Solicitor General of India with Dheeraj Jain, Sr. Panel Counsel, Advocate for the respondent-Union of India.

Case Title: PAPALPREET SINGH v. UNION OF INDIA AND OTHERS and 6 Other petitions

Click here to read/download the order.