Jailed Separatist Amritpal Singh to Contest Lok Sabha Polls, Claims Lawyer

Khalistani separatist Amritpal Singh , who is lodged in Assam's Dibrugarh jail, may contest the Lok Sabha elections as an Independent candidate from Punjab's Khadoor Sahib constituency, his lawyer Rajdev Singh Khalsa claimed on Wednesday.

However, the 'Waris Punjab De' leader's father, Tarsem Singh , refused to comment on the advocate's statement and said he would speak about it after meeting his son.

Amritpal Singh 's family, including his father, were slated to meet him at Dibrugarh on Thursday.

According to legal experts, people who have not been convicted in any case or their sentence is less than two years, can contest the elections from jail.

If Amritpal Singh decides to contest the election, it won't be the first time that a jailed person will fight the polls.

Simranjit Singh Mann , who belongs to the Shiromani Akali Dal (Amritsar), had contested the 1989 Lok Sabha elections from jail. He and his three supporters had won the elections. Currently, Simranjit Singh Mann , known for his pro- Khalistani views, is the sitting Lok Sabha MP from Sangrur in Punjab.

According to the law, a jailed person can file their nomination from the jail and send the same through their representative, experts said. In case a jailed candidate wins the elections, he or she can be released from jail to take the oath, as there is no provision to administer the oath inside the prison.

While Section 62 (5) of the Representation of the People Act, 1951, states that no person can vote in any election if they are in lawful custody of the police or confined in a prison, Section 3 of the act creates a distinction between the elector and a voter. A 2013 amendment states that a person, even if barred from voting, shall not cease to be an elector. His or her name should appear in the electoral rolls.

Before his arrest in April last year, Amritpal Singh had said he did not believe in the Constitution. He had also said that it was his democratic right whether to believe in the Constitution or not.

"I will only accept the Indian Constitution when it accepts me," he had said.

Amritpal Singh was arrested on April 23 last year under the stringent National Security Act.

On the other hand, Simranjit Singh Mann , who won the Sangrur Lok Sabha by-election in 2022, had also said that he did not believe in the Constitution. However, in July 2023, he eschewed his separatist sentiments, when he took the oath and swore by the Constitution.

Published By: Ashutosh Acharya Published On: Apr 25, 2024