SC Rejects MP Amritpal Singh’s NSA Challenge, Citing Judicial Hierarchy Amid Broader Corruption Concerns
Amritpal Singh, the Khadoor Sahib MP, filed a writ petition challenging his third extension of detention under the NSA.
By Rakesh Raman
New Delhi | November 10, 2025
The Supreme Court of India today refused to entertain a plea filed by Amritpal Singh, the incarcerated Member of Parliament (MP), challenging his continued detention under the National Security Act (NSA). The Court directed the chief of the ‘Waris Punjab De’ organization to instead approach the jurisdictional Punjab and Haryana High Court.
The bench, consisting of Justices Aravind Kumar and N.V. Anjaria, declined to intervene, emphasizing the fundamental principle of judicial hierarchy, which mandates that such matters should first be heard by the relevant High Court.
However, considering the duration of Singh’s continued incarceration, the Justice Aravind Kumar-led Bench requested the High Court to expedite the proceedings and dispose of the matter, preferably within six weeks. Singh now has the liberty to file his petition in the relevant High Court.
Challenge Based on Constitutional Duties
Amritpal Singh, the Khadoor Sahib MP, filed a writ petition challenging his third extension of detention under the NSA. He contended that preventing an elected Member of Parliament from discharging his constitutional duties amounted to a violation of his fundamental rights. Furthermore, he argued that his continued detention violated the collective rights of the Khadoor Sahib electorate he was elected to represent.
The 31-year-old leader remains in custody at Dibrugarh Central Jail in Assam, where he has been held since his arrest in April 2023.
Background and MP Status
Singh was arrested on March 18, 2023, following a major police crackdown prompted by allegations of promoting separatist ideologies and engaging in activities prejudicial to national security. He was subsequently detained under NSA provisions and faces several serious charges, including terrorism charges, spreading disharmony, and an attack on a police station.
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Despite his incarceration, Singh successfully contested and won the 2024 Lok Sabha elections as an independent candidate from the Khadoor Sahib constituency. He secured the seat by a margin of 1,97,120 votes over his Congress rival, Kulbir Singh Zira.
Following his victory, he was briefly granted a four-day parole in July 2024 to take his oath in the Lok Sabha, a temporary release cleared after the National Investigation Agency (NIA) offered no objection. The Supreme Court has also previously dismissed a separate plea challenging his election as a Lok Sabha MP. His case has drawn comparisons to other incarcerated leaders permitted to take the oath, such as Engineer Rashid from Jammu and Kashmir.
Judicial Conduct and Inconsistent Bail Principles
Singh’s legal challenges unfold against a backdrop of reported judicial issues. The sources highlight that Amritpal Singh has been incarcerated for over two years, with his appeals for bail allegedly falling on deaf ears, supposedly because he opposed the Punjab Government’s actions.
This situation reflects a broader concern regarding the inconsistent application of legal principles. The principle of ‘Bail Is the Rule, Jail Is the Exception‘ is frequently asserted when granting bail to influential prisoners, including rich businessmen and infamous politicians, and is even applied to those incarcerated under the stringent Unlawful Activities (Prevention) Act (UAPA).
However, the courts reportedly do not apply this principle uniformly. For example, student leader Umar Khalid has been repeatedly denied bail, with his application arbitrarily rejected at least 16 times during his five years in jail, allegedly because he spoke against the ruling regime’s atrocities.
These inconsistencies are connected to reports of massive judicial corruption and bias. There is said to be a pervasive “bribe for bail” culture in India, where senior lawyers reportedly act as intermediaries between jailed individuals and corrupt judges to secure bail for clients through bribes. Corrupt politicians are often said to enjoy bail as a virtual acquittal, and even when briefly incarcerated, they allegedly receive luxurious treatment, including full-body massages in jail.
These findings on the “Decline of the Indian Judiciary” are documented in the recent research report: “Law Flaw: India Judicial Research Report 2025,” which has been officially archived on Zenodo—a globally recognized research repository developed by the European OpenAIRE initiative and managed by CERN—ensuring worldwide visibility and academic traceability of its findings.
By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.
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