JKL HC quashes detention of MLA Mehraj Malik

Jammu Tawi, Apr 27: The High Court of Jammu & Kashmir and Ladakh on Monday set aside the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik, ruling that there was no apprehension that the detenu was likely to act in a manner prejudicial to “social order.”

Setting aside the detention order of Malik, the Court directed his release from preventive detention.

Malik, who represents Doda Assembly segment, was detained under Public Safety Act in September 2025.

The Court observed that there was no apprehension that the detenu was likely to act in any manner prejudicial to “social order.” “The allegations against the petitioner/detenu covered under the numerous FIRs are presently before the authorities/courts,” Justice Mohd Yousuf Wani said in the judgment.

The Court held that the detention order was not driven by malice or emotions.  Instead, the Court said, it showed a lack of proper application of mind, stating that the grounds relied upon did not justify forming an opinion that the petitioner had acted, or was likely to act, in a way prejudicial to public order.

“The alleged actions of the petitioner no doubt amount to infraction of normal criminal laws for which the legal mechanism in place was already pressed into service. The invocation of the provisions of the PSA to detain the petitioner rather than to pursue the prosecution against him appears to be an unjustified exercise tantamounting to violation of the fundamental rights of the petitioner. Under these circumstances, the non-application of the mind is discernible in the matter,” the HC observed.

The Court said that it is a settled legal position that a detention order suffering from non-application of mind of the detaining authority cannot sustain under law.

The Court further observed that the detention of the petitioner, in the facts and circumstances of the case, appeared to be punitive rather than preventive.

“The detention of the petitioner also on the basis of 16 DD Reports of Police Stations Gandoh, Thathri, and Doda is unjustified, as the contents of the said reports are unverified and do not disclose the commission of cognizable offences,” the Court observed.