J&K High Court quashes PSA detention of AAP MLA Mehraj Malik

The High Court of Jammu & Kashmir and Ladakh on Monday quashed the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the stringent Public Safety Act (PSA) and granted major relief to the legislator who was lodged in the Kathua jail since September last year. Malik, who is the lone AAP MLA in J&K, represents Doda (East) constituency in the Assembly.

The copy of the detailed order of the court was awaited. Lawyers representing Malik said that the PSA detention was quashed by Justice Mohammad Yousuf Wani.

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The court took a serious view of PSA having been slapped on the MLA against whom about 16 FIRs and an equal number of Daily Diary entries were already made by the police and as such he could have been dealt with under the existing law, the lawyers said.

The lawyers representing Malik said that the court set aside the detention under the PSA after hearing a Habeas Corpus petition filed by Malik challenging his detention.

Malik was detained on September 8 last year on allegations of activities prejudicial to public order. He was subsequently shifted to Kathua district jail.

Subsequently, Malik filed a Habeas Corpus petition challenging his preventive detention under the Jammu and Kashmir Public Safety Act (PSA), 1978.

The detention order, vide number 05 of 2025 dated September 8, 2025, was passed by the District Magistrate Doda under Section 8 of the J&K Public Safety Act.

Malik’s legal team, led by Senior Advocate Rahul Pant with Advocates SS Ahmed, Appu Singh Slathia, M Zulkarnain Chowdhary and others, argued that the order was arbitrary and motivated by personal bias.

Malik’s petition listed multiple grounds challenging the legality of his detention, including lack of proper application of mind by the District Magistrate and alleged misuse of preventive detention powers for political reasons.