By : Sheikh Mohammad Isa
Aam Aadmi Party (AAP) MLA from Doda East, Mehraj Malik, was released from Kathua jail on Tuesday morning after the Jammu and Kashmir and Ladakh High Court quashed his detention under the Public Safety Act (PSA).
Justice Mohd Yousuf Wani delivered the order on Monday, April 27, allowing the habeas corpus petition filed by Malik and setting aside the PSA detention order (No. 05 of 2025) issued by the District Magistrate, Doda, on September 8, 2025. Click Here To Follow Our WhatsApp Channel
Malik had been in preventive custody for nearly eight months (approximately 229 to 299 days) without trial. He became the first sitting MLA in Jammu and Kashmir to be detained under the PSA following the 2024 assembly elections.
Court’s Key Observations
The High Court ruled that the grounds cited in the detention order pertained only to “law and order” issues and did not meet the higher threshold required to justify detention under the PSA for threatening “public order.” The court observed that the allegations did not indicate any real apprehension that Malik was likely to act in a manner prejudicial to public order.
The judgment has been seen as a strong judicial rebuke against the alleged misuse of the stringent preventive detention law against an elected representative.
Background of Detention
Mehraj Malik was booked under PSA following a verbal altercation with the then District Commissioner of Doda over the shifting of a primary health centre and other local issues. He was lodged in Kathua jail since September 2025.
Reactions
The development has been welcomed by AAP leaders and several political parties in Jammu and Kashmir.
- AAP spokespersons described the verdict as a victory for democracy and expressed renewed faith in the judiciary.
- National AAP leaders, including Arvind Kejriwal, welcomed the court’s decision and called Mehraj Malik’s struggle inspiring.
- Chief Minister Omar Abdullah and other opposition voices had earlier criticised the use of PSA against the MLA.
After his release, Mehraj Malik urged educated youth to actively enter politics to shape the future of the region.
Significance
The Public Safety Act allows detention of individuals for up to two years without formal charges or trial. It has frequently drawn criticism from human rights groups and political parties for its potential misuse to silence dissenting voices.
This verdict is being viewed as an important check on the invocation of PSA, especially in cases involving elected public representatives.
Malik’s release this morning was followed by celebrations by his supporters in Doda and Kishtwar.
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