High Court quashes preventive detention of AAP MLA Mehraj Malik’s aide under PSA

In a noteworthy judgment, Justice Vinod Chatterji Koul of the High Court of Jammu & Kashmir and Ladakh on Thursday quashed the preventive detention of Mohammad Rafi alias Pinka, a close aide of MLA Mehraj Malik, who was detained under the J&K Public Safety Act (PSA) vide Order No.PSA 03 of 2025, dated 10 April 2025 passed by the District Magistrate, Doda.

The AAP MLA Mehraj Malik of Doda is also under detention under the PSA since 8 September.

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After hearing Advocate Rahul Raina appearing for the detenue Mohammad Rafi and Government Advocate Eishaan Dadhichi appearing for District Magistrate, Doda and others, Justice Vinod Chatterji Koul observed that, “Advocate Rahul Raina has contended that subjective satisfaction is to arrive at by detaining authority which would reflect application of mind on its part.”

He further submitted that the allegations mentioned in the grounds of detention are “vague, absurd and baseless and without any substance”.

Advocate Rahul Raina further submitted that the grounds of detention are bereft of details of activities of the detenue which would have necessitated issuance of detention order in as much as issuance of order of detention on vague grounds deprives the detenue of his right to make an effective and meaningful representation against the detention and if the detention order is passed on vague grounds, then Constitutional right of making representation against detention order as envisaged by Article 22(5) of the Constitution of India would become mirage and that issuance of order of detention on vague grounds would amount to be an arbitrary exercise of power by detaining authority.

Justice Koul, after considering the submissions of Advocate Rahul Raina, observed that in the present case, the detention order was passed and approved by the Home Department vide Government Order dated 16-04-2025, and after approval, the District Magistrate, Doda, has considered and rejected the representation vide order dated 01-05-2025, though being forwarded to the Advisory Board. The Advisory Board has not considered and decided the representation, nor has any decision been conveyed to the detenue. In this regard, the court relied upon several judgments that the representation in such cases must be considered expeditiously.

After hearing both sides, Justice Vinod Chatterji Koul allowed the Habeas Corpus Petition of the detenue and ordered the immediate release of Mohammad Rafi, if he is not otherwise required in any other case.