Jammu, Sept. 24: The Jammu and Kashmir and Ladakh High Court on Tuesday issued notice on a habeas corpus petition challenging the detention of Aam Aadmi Party (AAP) legislator Mehraj Din Malik under the Jammu and Kashmir Public Safety Act (PSA), 1978. Justice Vinod Chatterji Koul admitted the plea and directed the government to explain its action within two weeks.
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Background
Malik, the sitting MLA from Doda, was taken into custody earlier this month and shifted to Bhaderwah Jail. Officials claim he faces 18 FIRs and 16 daily diary reports across Doda district. Authorities say his activities were “disturbing public order,” particularly during ongoing relief work after heavy rains and flash floods.
The Public Safety Act allows preventive detention- meaning a person can be jailed without trial- if the administration believes their release could threaten peace or security. Malik’s case is significant as he is the first sitting legislator in Jammu and Kashmir to be detained under this controversial law.
Court’s Observations
In a brief order, Justice Koul noted, “Heard. Admit. Issue post admission notice to the respondents.” Senior Additional Advocate General Monika Kohli accepted notice for the Union Territory and sought two weeks to file a response. The judge granted the request, allowing the government time to present the grounds of detention.
Counsel for Malik, Senior Advocate Rahul Pant, assisted by a team of lawyers, pressed for urgent hearing, arguing that the detention violated constitutional rights. The bench permitted the petitioner to serve notice on one of the respondents directly-“dasti,” as lawyers say-reflecting the urgency attached to the matter.
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Decision
The High Court has listed the case for further hearing on October 14, 2025, when the government must justify invoking the PSA against the legislator. Until then, Malik remains in preventive custody at Bhaderwah Jail.
Case Title: Mehraj Din Malik v. Union Territory of Jammu & Kashmir & Others, 2025
Case Number: HCP No. 139/2025
Petitioner: Mehraj Din Malik, Aam Aadmi Party MLA from Doda
Respondents: Union Territory of J&K & Others
