The jailed Aam Aadmi Party (AAP) MLA from Jammu and Kashmir, Meraj Din (Mehraj) Malik, on Tuesday filed an application in the Jammu, Kashmir, and Ladakh High Court seeking permission to participate in the upcoming Assembly session and to cast his vote in the Rajya Sabha elections.
Responding to the application, Justice Sanjay Dhar of the J&K and Ladakh High Court directed the Union Territory government to file its reply on or before October 18, 2025.
Appu Singh Slathia, a member of Mehraj Malik's legal team, told the International Business Times that the application was filed on behalf of the AAP MLA, seeking permission for him to attend the forthcoming Assembly session and vote in the Rajya Sabha elections.
"Today's application is a fresh one. Earlier, a petition for a writ of habeas corpus had already been filed in the High Court," she said, adding that "in the habeas corpus petition, the High Court has directed the Jammu and Kashmir government to file a reply by or before November 7, 2025."
When the petition and related applications came up for hearing, senior advocate Rahul Pant, along with advocates S.S. Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, M. Zulkarnain Chowdhary, and Joginder Singh Thakur, submitted that an application had been filed seeking permission for the detainee to participate in the upcoming J&K Assembly session and cast his vote in the Rajya Sabha elections scheduled for October 24, 2025.
The counsels further argued that replies in the main petition had not yet been filed. They submitted that the applications were of an urgent nature and should therefore be considered expeditiously to enable the arrested MLA to attend the Assembly session and exercise his voting right in the Rajya Sabha elections.
Senior advocate Sunil Sethi, along with Senior Additional Advocate General Monika Kohli, appeared on behalf of the J&K government and sought additional time to file replies in both the application and the main petition.
After hearing both sides, Justice Sanjay Dhar granted time to the J&K government to file its reply in the application by or before October 18, 2025, and in the main petition by or before November 7, 2025, further directing that the record be made available on November 7 for consideration of the matter.
Assembly Session from October 23
Lieutenant Governor Manoj Sinha has summoned the (autumn) session of the Jammu and Kashmir Legislative Assembly in Srinagar on October 23, 2025.
The LG, through an official order, has called the session in exercise of the powers conferred upon him under Section 18(1) of the J&K Reorganization Act, 2019.
Accordingly, under Rule 3 of the Rules of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, the Secretary of the Assembly Secretariat issued a summons asking all Members (MLAs) to "attend the session of the Legislative Assembly on the appointed date, time, and place."
Mehraj Malik's vote crucial for Rajya Sabha elections
The vote of the lone AAP MLA in the Jammu and Kashmir Legislative Assembly is crucial for the upcoming Rajya Sabha elections, particularly for the fourth seat, polling for which will be held under the third notification.
To ensure the victory of its fourth candidate, Imran Dar, the ruling National Conference (NC) requires the support of all non-BJP MLAs, including Mehraj Malik.
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. Police later prepared a dossier against him, following which he was shifted to the Kathua district jail.
