By: News Of Kashmir Monitoring Desk
In a major development, the High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention order issued under the Public Safety Act (PSA) against Aam Aadmi Party (AAP) MLA Mehraj Malik, paving the way for his release from Kathua district jail. Click Here To Follow Our WhatsApp Channel
Mehraj Malik, who represents the Doda East constituency and serves as the president of AAP’s J&K unit, was detained on September 8, 2025, under detention order No. 05 of 2025 issued by the District Magistrate, Doda. The order cited “activities prejudicial to the maintenance of public order.” He was subsequently shifted to Kathua jail, where he remained in custody for more than seven months.
Background of the Detention
The detention stemmed from an alleged altercation between Malik and the then Deputy Commissioner of Doda, reportedly over the shifting of a primary health centre in his constituency. During the incident, Malik was accused of using strong and intemperate language. Authorities claimed his actions could disturb public order, leading to the invocation of the stringent PSA, which allows detention without formal trial for up to two years on preventive grounds.
This case gained prominence as it marked the first instance of a sitting legislator in Jammu & Kashmir being detained under the PSA following the 2024 assembly elections. Malik and his supporters consistently described the detention as politically motivated and an attempt to silence an opposition voice. His father, Shamas Din Malik, had publicly questioned the charges, stating his son was “wrongly charged under PSA.”
Legal Battle in the High Court
On September 24, 2025, Malik filed a habeas corpus petition (HCP No. 139/2025) before the High Court, challenging the detention order as “arbitrary, illegal, and mala fide.” The petition sought the immediate quashing of the PSA order, his release, and compensation of ₹5 crore for the alleged violation of his fundamental rights under Articles 21 (right to life and personal liberty) and 22 (protection against arrest and detention) of the Indian Constitution.
The case underwent several hearings. It was initially listed before different benches and finally heard by Justice Mohammad Yousuf Wani. Arguments from both the petitioner’s side (represented by Advocate Appu Singh Slathia and others) and the government were concluded on February 23, 2026, after which the court reserved its judgment and allowed both parties to submit written synopses.
Today, the High Court delivered its verdict, allowing the petition and quashing the detention order. The detailed judgment is expected to highlight grounds such as vagueness in the allegations, procedural lapses, or insufficient material to justify preventive detention under the PSA—grounds on which the J&K High Court has frequently quashed similar orders in the past.
Parallel Case of Close Aide
Notably, in October 2025, the same High Court (through Justice Vinod Chatterji Koul) had quashed the PSA detention of Mohammad Rafi alias Pinka, a close aide of Mehraj Malik. Rafi was detained under a similar order (PSA 03 of 2025) issued by the District Magistrate, Doda, and the court ordered his immediate release if not required in any other case. That ruling was seen as an early indication of judicial scrutiny over the grounds of detention in this circle of associates.
Reactions and Political Implications
The quashing of Malik’s PSA has been widely welcomed by political circles:
- AAP leaders and supporters expressed joy, with many hailing it as a victory for justice and democratic rights.
- The Jammu & Kashmir Pradesh Congress Committee (JKPCC) also welcomed the order, stating that “justice has prevailed.”
- Voices on social media described the detention as an “illegal” use of a “draconian” law to suppress opposition voices and stressed that democracy should not be undermined through preventive detention.
Many observers view this as another instance where the J&K High Court has exercised rigorous judicial review over PSA detentions, which remain controversial due to their preventive nature and limited safeguards in the initial stages.
What Next for Mehraj Malik?
With the PSA order quashed, Malik is expected to be released from Kathua jail shortly—possibly as early as tomorrow—provided he is not required in connection with any other pending cases or FIRs registered against him.
His return to active politics is likely to energize the AAP’s presence in the Jammu region, particularly in Doda, where he has cultivated support on local development and governance issues.
The Public Safety Act continues to be a subject of debate in Jammu & Kashmir, with critics calling it a tool for arbitrary detention, while authorities maintain it is necessary for maintaining public order in a sensitive region.
This ruling reinforces the judiciary’s role in checking executive overreach in preventive detention cases and upholds constitutional protections even in politically charged matters.
Stay tuned for the full text of the judgment, detailed reactions, and updates on Malik’s release. If you need more specifics or related developments, let me know.
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