Can jailed MPs Engineer Rashid, Amritpal Singh attend Parliament after Lok Sabha poll win?

Two individuals currently lodged in jail over terror charges were elected to the Lok Sabha on Tuesday. Radical Sikh preacher Amritpal Singh and terror financing accused Engineer Rashid now require court permission in order to attend the oath-taking ceremony of Parliament sessions. The duo will lose their Lok Sabha seats immediately if they are convicted and jailed for a minimum of two years.

“If a person has not been convicted, they can contest elections and attend Parliament after getting permission. Once inside the House, the person can also address the House. But to come out for the oath ceremony or sessions of Parliament, the two will have to approach court each time,” explained former Lok Sabha secretary general PDT Achari.

The Speaker will send invitations for Rashid and Singh to the respective jail superintendents. The official would then inform the court and seek permission for the duo — currently in judicial custody — to attend the ceremony. A court mandate and separate safety measures for the police must be implemented before the two men can be taken outside prison. 

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“There will be restrictions on use of cell phones or meeting any other person on the way apart from Parliament officials or other parliamentarians. Officers of the rank of ACP and inspector will be escorting them. Normally the jail officials informed police and give a photocopy of the order, which allows the jailed people to come out for a short time but with restrictions,” a Delhi prison official told Hindustan Times. 

The newly elected MPs will also return to prison once they finish taking oath. According to Achari, Rashid and Singh will have to write to the Speaker after taking oath to outline their inability to attend the House. The speaker will then refer the requests to the House Committee on Absence of Members. Following this the Committee will recommend whether the member should be allowed to remain absent from House proceedings or not. The recommendation is then put to vote in the House by the Speaker.

(With inputs from agencies)