The High Court of Jammu and Kashmir and Ladakh at Jammu on Wednesday admitted a habeas corpus petition filed by Doda (East) MLA Mehraj Malik, challenging his preventive detention under the Jammu and Kashmir Public Safety Act (PSA), 1978.
Justice Vinod Chatterji Koul, after hearing the matter, issued post-admission notices to the Principal Secretary to the Government (Home Department), District Magistrate Doda, Senior Superintendent of Police Doda, and Superintendent, District Jail Kathua. The notices were accepted in open court by Senior Additional Advocate General Monika Kohli, who appeared for the Government of J&K. The Court granted time to the government to file its response by or before October 14, the next date of hearing.
"We will fight the case with our full strength. Let the government file its response as per the directions of the Court," Appu Singh Slathia, a member of the legal team of arrested MLA Mehraj Malik, told The International Business Times.
The detention order in question, 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 along with Advocates S.S. Ahmed, Appu Singh Slathia, M. Zulkarnain Chowdhary, and Joginder Singh Thakur, argued that the order was arbitrary and motivated by personal bias.
During the proceedings, counsel for Mehraj Malik urged the Court to direct the government to file its reply in the shortest possible time, citing the urgency of the matter.
"The detainee is an elected representative who has been unlawfully detained. He is required by the public to carry out the duties of his office, and therefore, the matter deserves expeditious hearing," Advocate Pant submitted.
Malik also seeks ₹5 crore compensation
In addition to seeking quashment of the detention order, Malik has claimed ₹5 crore in compensation from the respondents, alleging violation of his fundamental rights and curtailment of his personal liberty. His petition lists multiple grounds challenging the legality of the detention, including a lack of proper application of mind by the District Magistrate and alleged misuse of preventive detention powers for political reasons.
The Court also issued notice to the private respondent, Deputy Commissioner Doda, Harvinder Singh (IAS). The matter, described as being of "wide public importance," will again be taken up by the Bench on October 14, 2025.
The J&K Public Safety Act, 1978, under which Malik has been detained, allows preventive detention for reasons of state security and maintenance of public order. The law has long been the subject of debate and criticism for its wide scope and prolonged detention periods without trial.
For now, all eyes will be on the October 14 hearing when the government is expected to place its response before the Court. The outcome could set an important precedent at the intersection of preventive detention powers and the rights of elected representatives in Jammu and Kashmir.
Malik was arrested on September 8 under PSA
On September 8, for the first time in the political history of Jammu and Kashmir, a sitting Member of the Legislative Assembly (MLA) was arrested under the stringent Public Safety Act (PSA) for using derogatory language against an officer.
Mehraj Din Malik, the only Aam Aadmi Party (AAP) MLA from the Union Territory of Jammu and Kashmir, has been detained under the PSA.
Earlier, some former MLAs were detained under the PSA after the abrogation of Article 370 and Article 35A, but this marks the first time in history that a sitting legislator has been booked under the PSA for allegedly using abusive language against an officer.
The detention has drawn sharp criticism from political leaders, with AAP and other parties condemning the move as an attack on democratic dissent and freedom of expression.
