HC quashes PSA against AAP MLA Malik
Jammu, April 28 -- Justice Mohammad Yousuf Wani of the Jammu and Kashmir and Ladakh high court on Monday quashed the Public Safety Act (PSA) detention of AAP MLA Mehraj Malik.
The Doda East legislator and AAP's Jammu and Kashmir unit president had been detained since September 8 last year for allegedly disturbing public order and was subsequently lodged in Kathua jail.
Following the ruling, Malik's counsel and AAP spokesperson, Appu Singh Salathia, said the judgment bolstered her faith in the judiciary. She credited the legal victory to a team effort led by advocate Rahul Pant, noting that the case was fought strictly on its merits.
The court had previously reserved its order on February 23 regarding the habeas corpus petition, which Malik filed on September 24 to challenge his detention and seek Rs 5 crore in compensation.
Malik's legal team argued that the government's approach had left a sitting MLA behind bars, causing the people of his constituency to suffer.
The MLA had specifically sought the quashing of the detention order issued by the Doda district magistrate under Section 8 of the J&K Public Safety Act. During proceedings, the state was represented by counsels Sunil Sethi and Monica Kohli.
The administration's decision to invoke the PSA followed an FIR alleging Malik used abusive language against then Doda district commissioner Harvinder Singh, an IAS officer recently honoured by President Droupadi Murmu.
The authorities also cited Malik's involvement in 18 FIRs and 16 daily diary reports across various police stations.
Despite these allegations, Malik remains a significant political figure in the region, having defeated his BJP rival, Gajay Singh Rana, by 4,538 votes last year to secure AAP's first-ever assembly seat in the Union Territory.
J&K chief minister Omar Abdullah said AAP legislator Mehraj Malik should never have been detained under the PSA and termed the move a gross misuse of the law.
Reacting to the court order quashing Malik's detention, Omar took to X, saying that the legislator should not have been detained at all. "He should NEVER have been detained under PSA. In fact, he should never have been detained at all," the chief minister said.
Calling Malik's detention a "gross misuse" of the PSA, Omar said, "I hope the people responsible for this detention learn a valuable lesson from the decision of the Hon'ble High Court and reflect on the way these laws are being abused in J&K."
Awami Itihaad Party (AIP) chief spokesperson Inam Un Nabi welcomed the quashment of PSA against Malik, calling it a necessary correction that restores faith in institutional integrity.
In a statement, Inam Un Nabi said, "What did those who slapped PSA on a legislator actually achieve, other than demeaning the institution itself?" he asked.
He said the decision to quash the PSA underlines the importance of restraint and accountability while using stringent laws. "When such measures are misapplied, it not only affects individuals but also erodes public trust in democratic institutions," he added....
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