The Jammu and Kashmir High Court quashed the detention of Mehraj Malik, the sole Aam Aadmi Party (AAP) legislator in the Union Territory’s assembly, under the Public Safety Act (PSA) and ordered his immediate release. Justice Mohd Yousuf Wani stated that the allegations against Malik fell within the scope of ordinary law and order issues, thereby not warranting preventive detention.
Malik, who represents the Doda East constituency, was detained approximately eight months ago following accusations of misconduct toward a senior officer in Doda. He characterized the PSA detention order from the District Magistrate of Doda as arbitrary, politically motivated, and an abuse of preventive detention powers, seeking a compensation of ₹5 crore from the authorities.
The High Court noted that the allegations against Malik are either under investigation or in trial, highlighting that there was no imminent threat of him acting in a manner detrimental to public order. In defense of the detention, the government argued that Malik had shown a propensity to disrupt public order, supported by reports from police and magistrate authorities, among other sources.
Malik has been incarcerated in Kathua jail. Following the court’s decision, his advocate and AAP spokesman, Appu Singh Slathia, expressed hope, stating, “We have won this legal battle. This has bolstered our faith in the judiciary. It was a tough journey spanning eight months. But as they say, all’s well that ends well. Soon Malik will be with all of us and his supporters.”
