The Centre on Wednesday apprised the Punjab and Haryana High Court that MP Amritpal Singh has been granted leave of 54 days from attending the ongoing Budget Session of the Parliament.
Appearing for the Union of India, Additional Solicitor General (ASG) Satya Pal Jain contended that Amritpal’s application seeking leave from the Parliament was allowed on March 12.
Under Article 101(4), the Parliament can declare the seat of an MP vacant if (s)he has remained absent from all meetings of the House for 60 days, without permission of the House.
Amritpal had moved the High Court on the grounds that since he was currently in preventive detention under the National Security Act (NSA), he could not attend the ongoing Budget session.
The accused further sought directions to the authorities to make arrangements for the utilisation of MP Local Area Development (MPLAD) funds, as per his recommendation.
The Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel dismissed the petition on the grounds that since the conduct of the Parliament was governed by certain rules, it would be appropriate to approach the Lok Sabha Speaker to make arrangements for the utilisation of MPLAD funds.
Senior Advocate RS Bains, appearing for Amritpal, apprised the Court that the Legislator had remained absent for 54 days. Only six days remained for his seat to be declared vacant on grounds of unauthorised absence.
The Senior Counsel argued that under Article 105 of the Constitution, an MP under preventive detention had the right to attend Parliament sessions.
He further prayed for directions to the detaining authority to make arrangements for the MP to attend the Parliament, if in session. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha may issue a production order to ensure the presence of the detained MP in the House, the lawyer pointed out.
The Counsel appearing for the State of Punjab argued that an MP did not have any fundamental right to attend the Parliament proceedings.
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