Institute of Legal and Management Studies

The Supreme Court today(November 10) refused to entertain a writ petition filed by the Punjab MP Amritpal Singh challenging his third detention under the National Security Act, 1980. The Court gave given liberty to approach the Punjab and Haryana High Court and requested it to dispose of the matter preferably within 6 weeks.

Before a bench comprising Justice Aravind Kumar and Justice NV Anjaria, Senior Advocate Colin Gonsalves mentioned Singh's plea. At the outset, Justice Kumar asked him to go before the High Court.

Gonsalves submitted that Singh has been in detention for the last 2 and a half years, and the entire detention is based on one FIR in which a chargesheet has already been filed. He stated that the bench had recently entertained another detention petition filed by Ladakh social activist Sonam Wangchuk's wife Dr.Gitanjali Angmo, seeking to declare the detention of her husband illegal under the NSA. Justice Kumar responded that Wangchuk's case was different because he was transferred to another State.

Initially, the Court said it could only examine his plea in the month of January or February 2026, but since the petitioner said that would only cause delay, Justice Kumar said the Court would request the Punjab and Haryana High Court to dispose of the matter within 6 weeks.

Since no counsel for the Union was represent when the matter was taken up, the Court passed it over. After some time, Additional Solicitor General SV Raju appeared for the Union, and the Court informed him of their decision not to entertain Singh's plea but gave liberty to file a writ petition before the High Court. Justice Kumar told ASG Raju: "This matter, we are not entertaining but we are permitting to go before the High Court and we are requesting the High Court to dispose of it off preferably within a period of six weeks...Before the advisory Board itself they came and that's why we entertained otherwise normally, we don't entertain."

But ASG Raju submitted that the six-week time is less because the counter, reply and everything have to be filed. Contrary to this, Gonsalves requested that only a month be given. Justice Kumar orally remarked that we are putting a lot of pressure on the High Court judges.

Case Details: AMRITPAL SINGH v UNION OF INDIA AND ORS.|W.P.(Crl.) No. 445/2025