The Jammu and Kashmir High Court on Monday quashed the detention of Mehraj Malik, the lone Aam Aadmi Party (AAP) legislator in the Union territory's assembly, under the stringent Public Safety Act (PSA) and directed the authorities to release him forthwith.
Court Ruling
Justice Mohd Yousuf Wani, granting relief to the Doda East MLA, held that the allegations against him essentially fall within the realm of ordinary law and order and cannot be stretched to justify preventive detention. Malik was taken into custody over allegations of misbehaving with a senior Doda officer nearly eight months ago.
Malik's Plea
Malik (37) described the PSA detention order, issued by the Doda District Magistrate, as arbitrary, politically motivated, and an abuse of preventive detention powers. He demanded Rs 5 crore in compensation from the authorities.
The High Court observed that the allegations against Malik were under investigation or at the trial stage before courts and there was no apprehension that he was likely to act in a manner prejudicial to public order.
Government's Defense
The government, however, defended the action, contending that Malik had a tendency to disturb public order and that his detention followed reports from police, magisterial authorities, and other inputs.
Malik has been lodged in Kathua jail.
Reaction
“We have won this legal battle. This has bolstered our faith in the judiciary. It was a tough journey spanning eight months. But as they say, all’s well that ends well. Soon Malik will be with all of us and his supporters,” said Malik’s advocate and AAP spokesperson Appu Singh Slathia.
