Jailed MP Amritpal Singh, Facing Risk Of Seat Vacancy, Moves High Court For Permission To Attend Ongoing Parliament Session: Report

Amritpal Singh, the jailed Khadoor Sahib MP and pro-Khalistani leader, has filed a petition in the Punjab and Haryana High Court seeking permission to attend the ongoing Parliament session.

His plea comes amid concerns that his prolonged absence could result in his seat being declared vacant, reported ANI.

As per Article 101(4) of the Constitution, if a member of either House of Parliament is absent from all meetings for 60 days without permission, the House can declare their seat vacant. 

The Constitutional article states: “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: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.”

Amritpal Singh has already missed 46 days of parliamentary proceedings, leaving only 14 more days before his seat is at risk.

The hearing on his petition is likely to be scheduled in two days, ANI reported citing sources.

Currently imprisoned in Assam's Dibrugarh Jail under the National Security Act (NSA), Amritpal Singh had earlier filed a petition on 23 January, requesting permission to attend Parliament and participate in Republic Day celebrations.

He argued that his continued incarceration is denying representation to his 19 lakh voters.

Additionally, he has alleged that his detention is "politically motivated" and aimed at curbing his growing influence.

The Deputy Magistrate of Amritsar initially issued his detention order in March 2023, and it has since been extended multiple times.

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