The Jammu and Kashmir and Ladakh High Court has listed for final consideration on November 20 the petition filed by detained Aam Aadmi Party (AAP) MLA Mehraj Din Malik.
"Today, the habeas corpus petition of MLA Mehraj Malik was listed before Justice Rajneesh Oswal of the High Court of J&K and Ladakh at Jammu, and the matter has been fixed for final consideration on November 20," said Appu Singh Salathia, spokesperson of the Aam Aadmi Party (AAP) J&K and member of Malik's legal team, while speaking to the International Business Times.
"When the matter was taken up for hearing, I, along with senior advocate Rahul Pant, advocate S. S. Ahmed, advocate M. Tariq Mughal, and advocate M. Zulkarnain Chowdhary, submitted that the government has yet to file its reply. Due to this lackadaisical approach, a sitting MLA continues to remain behind bars, causing suffering to the people of his constituency," she said.
Appearing for the government, Senior Counsel Sunil Sethi, assisted by Senior Additional Advocate General (AAG) Monika Kohli, informed the court that their reply had been filed on Thursday but could not be taken on record due to a defect in the affidavit. In the open court, the counsels for the respondents served copies of the reply to the petitioner's counsel.
The court directed the registry to place the government's reply on record and instructed the counsels representing the government to produce all relevant documents at the next hearing. The matter has been scheduled for final consideration on November 20, 2025.
Lodged in Kathua Jail Under PSA
Mehraj Malik, a member of the Jammu and Kashmir Legislative Assembly and head of the AAP's J&K unit, was detained under the Public Safety Act (PSA) on September 8, 2025, for allegedly disturbing public order in Doda district, officials said.
This marks the first instance of a sitting MLA being detained under the stringent PSA, which allows detention without charge or trial for up to two years.
The 37-year-old legislator from Doda was initially detained by police at the Dak Bungalow while preparing to visit flood-affected areas of his constituency. A dossier was later prepared against him, following which he was shifted to the Kathua District Jail. On September 24, Malik filed a habeas corpus petition, challenging his detention and seeking Rs 5 crore in compensation.
Could Not Attend Assembly Session, Voted Through Postal Ballot in Rajya Sabha Polls
Jailed AAP MLA Mehraj Malik could not attend the recently concluded session of the Jammu and Kashmir Legislative Assembly, despite having filed a petition seeking permission to participate.
On October 13, Malik filed an application before the Jammu, Kashmir, and Ladakh High Court requesting permission to attend the upcoming Assembly session and to cast his vote in the Rajya Sabha elections.
Although he was not permitted to attend the session in person, Malik was later allowed to cast his vote through a postal ballot in the Rajya Sabha elections.
