First sitting MLA in J&K detained under PSA for allegedly abusing officer

For the first time in the political history of Jammu and Kashmir, a sitting Member of the Legislative Assembly (MLA) has been arrested under the stringent Public Safety Act (PSA) for using derogatory language against an officer.

The only Aam Aadmi Party (AAP) MLA from the Union Territory of Jammu and Kashmir, Mehraj Din Malik, has been detained under the PSA.

Earlier, some former MLAs were detained under the PSA after the abrogation of Article 370 and Article 35A. This is the first time in the history of Jammu and Kashmir that a sitting legislator has been detained under the PSA for using abusive language against an officer.

Police cited as many as 18 FIRs and multiple public complaints against Malik, accusing him of abusing officials, obstructing relief and development work, and instigating youth in Doda district. Authorities stated that the detention was necessary to maintain public order and hinted that more PSA detentions could follow in the coming days.

The PSA, an administrative law in J&K, allows detention without charge or trial for up to two years in certain cases. Officials said Malik's conduct posed a threat to peace and governance in the region.

According to an official bulletin issued by Shabir Ahmad Wani, Under Secretary, Jammu and Kashmir Legislative Assembly Secretariat, MLA Mehraj Din Malik has been booked under the PSA.

Quoting intimation received from Harvinder Singh, Deputy Commissioner of Doda, the bulletin mentioned that Mehraj Din Malik, Member of Legislative Assembly (Constituency Doda-52), has been booked under the provisions of the Jammu and Kashmir Public Safety Act, 1978, on grounds that his activities are prejudicial to the maintenance of public order.

"The said action has been taken after due consideration of all relevant materials, reports, and circumstances that clearly establish that the continuance of such activities by the Member posed a grave threat to peace, public order, and tranquility in the district," the bulletin reads, adding, "Preventive detention under the PSA was, therefore, found necessary in the interest of maintaining public order and safeguarding law and order in the region."

Malik Allegedly Used Abusive Language Against DC Doda

Mehraj Din Malik is facing allegations of using abusive language against Deputy Commissioner Doda, Harvinder Singh, over the issue of shifting a damaged government health centre to a private building. He reportedly livestreamed the incident on his Facebook page on September 5.

During the Facebook livestream on the shifting of Health Centre Kencha in Thathri block, Malik, who was reportedly confronted by an activist from a particular party, accused the district administration and the police of bias and allegedly used abusive language against the DC Doda.

Several videos circulating on social media show Malik allegedly verbally abusing the Deputy Commissioner.

Known for Stoking Controversies

The lone AAP legislator in J&K is no stranger to controversies. In May this year, the Doda MLA threatened doctors and paramedics at the Government Medical College, Doda, of dire consequences while calling them a "mafia". The threats led to a strike by doctors at the medical college, and a case was registered by a lady doctor against him at that time.

Malik courted another controversy in July by making personal comments about Education Minister Sakina Itoo over school timings after the summer vacation.

Malik's Political Journey

In the 2024 Jammu and Kashmir Assembly elections, Malik achieved a significant victory by defeating his closest rival from the BJP by over 4,538 votes in the Doda constituency, marking his party's first win in the Union Territory. He had previously won the District Development Council election from the Kahara constituency on December 24, 2020. After winning the assembly elections last October, he resigned from that position.

AAP Leadership Condemns PSA Detention of Malik

Meanwhile, AAP Convener Arvind Kejriwal condemned Malik's detention under the PSA, calling the lone AAP legislator in J&K a "lion."

"Is demanding a hospital for the people in your area such a grave crime that an elected MLA has to be thrown into jail for it? Mehraj Malik is the lion of the Aam Aadmi Party. He will always remain the voice of the people, fighting for their rights. Jail, threats, and conspiracies—none of these can ever scare any soldier of AAP," Kejriwal wrote in a post on X.

AAP Rajya Sabha MP Sanjay Singh also condemned the arrest, stating, "AAP MLA @MehrajMalikAAP is raising his voice for a hospital in his area, but he has been arrested by the Jammu and Kashmir Police. This is the dictatorship of the regime; @MehrajMalikAAP is a resilient leader who is not afraid of such cowardly actions."

The PSA detention of the AAP legislator has evoked sharp reactions from political leaders across Jammu and Kashmir. PDP leader and Pulwama MLA condemned the action, saying, "Draconian laws are weaponized to silence political voices and crush dissent."

"Strongly condemn the use of PSA against MLA Mehraj Malik. Such draconian laws are weaponized to silence political voices and crush dissent. Such authoritarian measures are no way to resolve differences in a democracy," Para wrote in a post on X.

"We strongly condemn the use of the PSA against @MehrajMalikAAP. This is a soulless democracy. The will of the people of J&K continues to be subservient. What is the fun of having elections if an elected representative cannot voice his sentiments? A very sad day for an already endangered democracy," J&K People's Conference leader Sajad Lone said.