As the 18th Lok Sabha’s inaugural session began on Monday, marking the start of a new parliamentary term with the swearing-in of 540 newly-elected Members of Parliament, Punjab’s 13 MPs are scheduled to take their oaths on Tuesday. However, uncertainty prevails over the participation of controversial Sikh preacher Amritpal Singh, currently lodged in Assam’s Dibrugarh jail and elected MP from Khadoor Sahib in the recently-concluded Lok Sabha elections, in the ceremony.
Facing significant legal and logistical challenges in participating in the ceremony, Amritpal is facing charges under the stringent National Security Act (NSA), and lodged in Dibrugarh jail since March 2023. The NSA allowed for preventive detention without formal charges for up to 12 months, with Amritpal’s detention recently extended by the Punjab Government for another year. Despite being listed to take his oath, Amritpal is believed to remain unable to attend due to his ongoing detention.
Amritpal’s lawyer Rajdev Singh Khalsa confirmed that applications for Amritpal’s bail have been filed with the Deputy Commissioner’s office and Punjab’s Home Department. “When the orders for his release will be issued, Amritpal will be transported from Dibrugarh jail to the Parliament to take his oath. The process is essential as taking the oath is a constitutional requirement for assuming the role of an MP,” he said.
Even if Amritpal is granted temporary parole for the oath-taking, continuous legal permissions will be required for him to attend parliamentary sessions. As per the Indian Constitution, any MP absent for more than 60 days without permission risks losing their seat, adding another layer of complexity to Amritpal’s participation in the Parliament.
Punjab Government's stance on maintaining the NSA against Amritpal will be pivotal. Despite the possibility of the NSA being lifted, Amritpal faces 12 separate charges.
The case has sparked significant public and political debate. Advocate Khalsa emphasized the need to respect the electoral mandate that brought Amritpal into office, highlighting the importance of due legal process and honouring democratic outcomes.
Current House has 2 ‘jailed’ MPs
In an unprecedented development within the Indian parliamentary framework, Amritpal and another elected MP from Baramulla Sheikh Abdul Rashid, also known as Engineer Rashid, are currently imprisoned on terrorism-related charges.
Amritpal is currently incarcerated in Dibrugarh Jail, while Engineer Rashid has been held in Tihar Jail since August 9, 2019, under charges related to terror financing. Their imprisonment prevents them from participating in the Parliament proceedings, despite their electoral victories. Nevertheless, they retain their constitutional right to take the oath as members of Parliament.
Amritpal secured a decisive victory in Khadoor Sahib seat in Punjab as an independent candidate, defeating Congress' Kulbir Singh Zira by an impressive margin of 1,97,120 votes — the highest winning margin in Punjab. Engineer Rashid, representing the Baramulla constituency in Jammu and Kashmir, triumphed over Omar Abdullah of the Jammu and Kashmir National Conference with a margin exceeding two lakh votes.
What Does The Constitution Say?
The future of Amritpal and Engineer Rashid hinges on how they will take their oaths given their imprisonment. Constitutional experts asserted that taking the oath as an MP is a constitutional right. However, due to their incarceration, they must secure special permission to be escorted to Parliament for the ceremony and subsequently return to jail.
Past Precedents
There have been precedents where politicians, detained under legal charges, have been granted temporary parole to take their parliamentary oaths. For instance, earlier this year, Aam Aadmi Party's Sanjay Singh was allowed to take his oath as a Rajya Sabha MP while held on money laundering charges. The court instructed the jail superintendent to ensure his secure transport to Parliament and back to the jail.
Similarly, in 2021, Akhil Gogoi, after winning from Sibsagar in Assam, was permitted by an NIA court to temporarily leave prison for his induction into the Assam Legislative Assembly.
The most notable case is that of trade unionist George Fernandes, who won an election while imprisoned during the Emergency in 1977 from Muzaffarpur seat; and was subsequently released from prison before his oath-taking ceremony.
Former IPS officer and pro-Khalistan ideologue Simranjit Singh Mann was also elected in absentia to the Lok Sabha for Tarn Taran by an overwhelming majority in 1989 and was subsequently released unconditionally in November 1989 "in the interests of the State" with all charges dropped. By then he had already spent five years in prison.
