The Jammu and Kashmir and Ladakh High Court has reserved its verdict on a habeas corpus petition filed by Aam Aadmi Party legislator Mehraj Malik contesting his preventive detention under the Public Safety Act.
Tahir Rihat explains the current status of the legal proceedings concerning the detention of sitting MLA Mehraj Malik, based on the details of the recent court hearing and the background of the case as provided.
Mehraj Malik represents the Doda East constituency in the Jammu and Kashmir Legislative Assembly. He also serves as president of the Aam Aadmi Party’s Jammu and Kashmir unit.
On September 8 last year, the District Magistrate, Doda, issued a detention order against Malik under Section 8 of the Jammu and Kashmir Public Safety Act, 1978. The grounds stated in the order were that he had acted in a manner prejudicial to the maintenance of public order.
Since his detention, Malik has been lodged in Kathua jail.
On September 24 last year, Malik filed a habeas corpus petition in the High Court of Jammu and Kashmir and Ladakh. The petition challenges the legality of the detention order and seeks its quashing. It also requests compensation of ₹5 crore for what the petition describes as unlawful confinement.
The case has proceeded through multiple hearings.
On Monday, Justice Mohammad Yousuf Wani presided over the final hearing. Detailed arguments were presented by counsel for the petitioner and by the state government.
After concluding the oral arguments from both sides, the court reserved the matter for orders, meaning judgment has been reserved.
The court granted both parties one week to submit written synopses or any additional material if they choose to do so.
What the Public Safety Act Entails
The Jammu and Kashmir Public Safety Act, 1978, is a preventive detention law. It allows detention without formal trial for up to one year on grounds connected to public order or state security.
Malik’s detention as a sitting legislator has drawn attention to the application of preventive detention laws in the region after the reorganisation of Jammu and Kashmir in 2019 and amid ongoing statehood restoration processes.
Statements from the Legal Team
Advocate Appu Singh Slathia, part of Malik’s legal team and an AAP spokesperson, confirmed that judgment has been reserved. She stated that the court allowed one week for written submissions. She expressed confidence in the judicial process and appealed to party workers and supporters to maintain restraint pending the outcome.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
