J&K HC Quashes PSA Detention of AAP MLA Mehraj Malik

Jammu, Apr 27: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of Aam Aadmi Party MLA Mehraj Malik under the Public Safety Act (PSA), holding that the detention order suffered from “non-application of mind” and was legally unsustainable.

Justice Mohd Yousuf Wani set aside the detention issued by the Doda District Magistrate on September 8 last year and directed authorities to release the legislator forthwith.

Malik, who heads the J&K unit of the Aam Aadmi Party, had been detained in September for allegedly disturbing public order and was lodged in Kathua jail. He had challenged the order through a habeas corpus petition, which was reserved by the court in February.

In its 87-page judgment, the court observed that the cases cited against Malik largely pertained to routine law and order matters and did not justify invoking preventive detention under PSA. It also noted the absence of a “live link” between the alleged activities and public order concerns.

Reacting to the verdict, Chief Minister Omar Abdullah termed the detention “gross misuse” of the law and said such actions should not have been taken. CPI(M) leader Mohammad Yousuf Tarigami also welcomed the judgment, calling for review of PSA usage.

Following the order, celebrations broke out in Doda, Malik’s home constituency, where supporters burst firecrackers and hailed the court’s decision.