Amritpal Singh files Lok Sabha nomination: Can pro-Khalistani separatist really fight polls from jail?

Pro-Khalistani separatist Amritpal Singh has filed his nomination for the Lok Sabha polls.

The ‘Waris Punjab De’ leader has been in Dibrugarh Jail since last April when authorities detained him under the National Security Act (NSA).

Singh was arrested in Rode village of Punjab’s Moga district after being trapped by the police.

He had been evading authorities for more than a month.

But what do we know about Amritpal’s candidacy? And can you fight polls from jail?

Let’s take a closer look:

What do we know about Amritpal’s candidacy?

As per News18, Singh will be contesting the Lok Sabha polls from Punjab’s Sri Khadoor Sahib.

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He will be an Independent candidate in the constituency that goes to the polls on 1 June.

“I met Bhai Saheb (Amritpal) in Dibrugarh Central Jail. I requested him that in the interest of the Khalsa Panth, he should contest elections from Khadoor Sahib to become a Member of Parliament this time,” Amritpal’s lawyer Rajdev Singh Khalsa told India Today. “Bhai Saheb has agreed, and he will contest the elections as an Independent candidate.”

Singh on Friday had approached the Punjab and Haryana High Court asking to be released temporarily so he could file his nomination prior to the 14 May deadline.

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 NDTV reported that Singh also asked the court to direct jail authorities to help him finish the necessary paperwork.

This includes taking a photograph and opening an account in a bank.

“The petitioner is a citizen of India and an elector from Khadoor Sahib Constituency and therefore is qualified for contesting the elections,” the petition reads.

The petition also mentioned that his father Tarsem Singh had written to Punjab’s Chief Electoral Officer and the Amritsar District Magistrate to provide guidelines for Singh to file his nomination.

Singh in his petition claimed that the “State of Punjab and District Magistrate, Amritsar have deliberately not issued any further instructions in order to delay and make sure that the petitioner is not able to file his nomination to contest Lok Sabha Election.”

Can Singh contest from jail?

But can he really contest from jail?

The answer is an unequivocal yes.

As per India Today, those in jail can contest polls, but are unable to vote.

Singh, for example, can contest polls as he has not been convicted.

Even if he is convicted, he can run for office six years after his jail term ends.

Those that have been jailed can file nominations from prison with aid from a representative.

If a person who has been jailed wins the polls, he or she is then released to take the oath of office.

This is because there is no law allowing the oath of office to be administered inside the prison.

Singh isn’t the first person to run for office from jail.

Mukhtar Ansari, who recently passed away, fought on a BSP ticket from Uttar Pradesh’s Mau Assembly in 1996 and won the poll.

Similarly, Lalu Prasad Yadav during the 1998 Lok Sabha polls was jailed over the fodder scam.

Yadav fought from Bihar’s Madhepura Lok Sabha seat and also won.

Punjab and Haryana HC dismisses petition

The Punjab and Haryana High Court dismissed the petition after the state government told the court it had helped Singh file his nomination for the polls.

Live Law reported that Justice Vinod S Bhardwaj then dismissed Singh’s petition as “infructuous” considering that the request had already been fulfilled.

Two sets of nomination forms and other paperwork were filled in and signed by  Singh on 9 May based on telephonic instructions received from the Dibrugarh Central Jail superintendent, Punjab Deputy Advocate General Arjun Sheoran told the high court.

“The Superintendent Central Jail Dibrugarh will administer oath to the detenue as per the provisions of law including Handbook for Candidate, 2023 and issue Certificate for Receipt of Oath and send original form of Oath to Returning Officer, 03- Khadoor Sahab, (Punjab). The oath will be administered as and when a request is made by the detenue after his nomination form is submitted before the RO [returning officer],” the high court was told as per Indian Express

Sheoran added that Singh was also allowed to meet his proposer and lawyer at the Dibrugarh Central Jail.

With inputs from agencies