Today is the 18th Lok Sabha’s oath-taking ceremony for Punjab MPs; “Jailed” Amritpal faces legal challenges
Tuesday is the day that Punjab’s 13 MPs are expected to take the oath of office. The 18th Lok Sabha’s inaugural session began on Monday, signaling the beginning of a new parliamentary term with the swearing-in of 540 newly-elected Members of Parliament. Uncertainty, however, surrounds Amritpal Singh, the controversial Sikh preacher who was elected MP from Khadoor Sahib in the just ended Lok Sabha elections and is presently being held captive in Assam’s Dibrugarh jail.
Amritpal is being held in jail in Dibrugarh since March 2023 on allegations brought against him under the strict National Security Act (NSA), which presents serious logistical and legal obstacles for him to attend the event. Amritpal’s custody was recently extended by the Punjab Government for an additional year, in accordance with the NSA’s 12-month limit on preventive detention without formal charges. Amritpal is thought to still be detained, thus even though he is scheduled to take his oath, he is unable to attend.
Applications for Amritpal’s bail have been submitted to Punjab’s Home Department and the Deputy Commissioner’s office, according to Amritpal’s attorney Rajdev Singh Khalsa. Amritpal will be brought from the jail in Dibrugarh to the Parliament to take an oath when the orders for his release are given. The procedure is necessary since, according to the constitution, taking the oath is a prerequisite for becoming an MP, he stated.
Amritpal will need to obtain ongoing legal authorization in order to attend legislative sessions, even if he is given temporary parole for the purpose of swearing the oath. Amritpal’s involvement in the Parliament is further complicated by the fact that, according to the Indian Constitution, any MP who is absent from the legislature for more than sixty days without permission faces losing their seat.
The Punjab government’s decision to keep Amritpal under the NSA will be crucial. Even though the NSA might be dropped, Amritpal is still charged with twelve different offenses.
There has been a lot of political and public discussion over the case. Advocate Khalsa underlined the need of following the law and upholding democratic results, emphasizing the necessity to honor the electoral mandate that placed Amritpal in power.
Two “jailed” Members of the current House
Amritpal and another elected MP from Baramulla, Sheikh Abdul Rashid, popularly known as Engineer Rashid, are being detained on terrorism-related accusations, marking a first for the Indian legislative system.
As of right now, Engineer Rashid is being jailed in Tihar Jail since August 9, 2019, on charges of financing terrorism, while Amritpal is incarcerated in Dibrugarh Jail. Despite their electoral successes, their incarceration prohibits them from taking part in the procedures of the Parliament. They still have the constitutional right to take the oath of office as members of Parliament, nevertheless.
As an independent, Amritpal defeated Congress candidate Kulbir Singh Zira in the Punjabi seat of Khadoor Sahib with an overwhelming margin of 1,97,120 votes, the largest margin of victory in Punjabi history. With a margin of more than two lakh votes, Engineer Rashid, who stood for the Baramulla constituency in Jammu and Kashmir, defeated Omar Abdullah of the Jammu and Kashmir National Conference.
What Is Said in the Constitution?
Given their incarceration, Amritpal and Engineer Rashid’s future depends on how they take their oaths. According to constitutional scholars, taking the oath as a member of parliament is a fundamental entitlement. But because they’re in jail, they have to get special authorization to be taken to Parliament for the ceremony and back again.
Historical Patterns
In the past, politicians who were being held on legal charges were given temporary parole so they could take their parliamentary oaths. For example, early this year, Sanjay Singh of the Aam Aadmi Party was detained on allegations of money laundering but was nonetheless permitted to take the oath of office as a Rajya Sabha MP. The superintendent of the jail was given instructions by the court to make sure he was transported to Parliament and back safely.
In 2021, Akhil Gogoi was granted permission by an NIA court to temporarily leave prison in order to be inducted into the Assam Legislative Assembly following his victory in Sibsagar, Assam.
The most famous instance is that of trade unionist George Fernandes, who was released from prison prior to his oath-taking ceremony after winning an election from his Muzaffarpur seat in 1977 while imprisoned during the Emergency.
Simranjit Singh Mann, an ex-IPS officer and pro-Khalistan ideologue, was also elected to the Lok Sabha for Tarn Taran in 1989 by a resounding majority. In November of that same year, he was released unconditionally “in the interests of the State” and all charges were withdrawn. He had already served five years in prison at that point.
