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Chandigarh: The Punjab and Haryana High Court on Thursday dismissed the petition filed by Khadoor Sahib MP Amritpal Singh challenging the legality of his third consecutive detention under the National Security Act (NSA).

A Bench led by Chief Justice Sheel Nagu held that the detention order was legally valid and beyond the scope of judicial interference in the present circumstances. “It is clear as daylight that the impugned order of preventive detention… is immune from powers of judicial review,” the Bench observed while dismissing the plea.

Challenge to Preventive Detention Rejected

Amritpal Singh had approached the court arguing that his continued detention since April 2023 was:

• Arbitrary and without jurisdiction
• In violation of constitutional safeguards under Articles 21 and 22
• Unsupported by credible evidence

His counsel contended that preventive detention cannot be sustained merely based on pending FIRs, especially when regular criminal proceedings are already underway.

Petitioner’s Arguments

The plea highlighted that:

• The latest detention order (April 2024) was based on an FIR dated October 10, 2024
• Amritpal’s name was allegedly added later through a DDR
• The final police report reportedly contained no direct evidence linking him to the case

The petition further claimed that:

• His activities were focused on social reform, including anti-drug campaigns through Waris Punjab De
• His speeches centred on Sikh identity and constitutional rights, not separatism or violence
• Allegations of links with anti-national elements were unsubstantiated

State’s Stand: Threat to National Security

The State strongly opposed the plea, arguing that continued detention was justified due to serious security concerns.

Senior counsel for the State submitted that the detention was based on:

• A 15-member “hit list”, indicating potential threats
• Alleged close association with terrorists and gangsters, including individuals designated under the Unlawful Activities (Prevention) Act (UAPA)

The case, the State argued, reflected the “gravity and enormity of the threat” posed by the petitioner.

Court’s Position

The High Court accepted the State’s argument that the case fell within the framework of preventive detention laws, where courts exercise limited review.

By holding the detention order “immune from judicial review”, the Bench effectively endorsed the State’s assessment of national security concerns.

Current Status

• Amritpal Singh continues to remain lodged in Dibrugarh Central Jail, Assam
• This was his third successive detention order under the NSA
• The dismissal of the plea strengthens the legal backing for his continued incarceration

Wider Implications

The ruling underscores the judiciary’s deference to executive decisions in preventive detention cases, especially those linked to national security.

At the same time, it also raises broader questions around:

• Balance between civil liberties and security
• Use of preventive detention laws for extended incarceration
• Scope of judicial scrutiny in such matters