Jammu, Apr 27: High Court of J&K and Ladakh Monday quashed the detention order, issued under the Public Safety Act (PSA) against Doda East MLA and Aam Aadmi Party (AAP) J&K president Mehraj Malik and directed for his immediate release.
37-year-old Mehraj Malik was booked and detained by the Police under the Public Safety Act (PSA), allegedly for “activities prejudicial to the maintenance of public order” on September 8, 2025 and was subsequently lodged in District Jail Kathua.
Justice Mohd Yousuf Wani, while allowing Malik’s habeas corpus petition, set aside PSA detention order issued by the District Magistrate, Doda and directed the authorities to release him (Malik) “forthwith from preventive detention in the case.”
Justice Wani ruled that the “allegations which essentially fall within the realm of ordinary law and order cannot be stretched to justify preventive detention under the garb of public order.”
The High Court of J&K and Ladakh at Jammu on September 24, 2026 had admitted the habeas corpus petition filed by Malik seeking quashing of detention order No 05 of 2025 dated September 8, 2025 issued by District Magistrate, Doda under Section 8 of J&K Public Safety Act, 1978.
Malik, in his petition, had challenged his preventive detention order, issued by District Magistrate (DM), Doda, on several grounds, including his (DM’s) personal bias. He (Malik) had also claimed Rs 5 Cr compensation from the respondents for curtailing his personal liberty.
AAP MLA, challenging his detention through his father Shamas Din, had alleged that the PSA order was “arbitrary, politically motivated and an abuse of preventive detention powers.” He had argued that most of the allegations were already subject matter of criminal proceedings and that ordinary law was sufficient to deal with them.
Justice Wani, while setting aside the detention order, observed that there was a clear distinction between “law and order” and “public order.” “Every breach of law does not automatically become a ground for detention under preventive laws. The settled position of law is that preventive detention curtails the most precious right of liberty and must be invoked only in genuine and inevitable circumstances,” he held.
The court observed that the allegations against Malik were presently under investigation or trial before competent authorities and courts and there was no sufficient apprehension to show that he was likely to act in a manner prejudicial to public order. It further underlined that preventive detention was not a substitute for criminal prosecution. The respondents, however, contended that Malik had the “tendency to disturb public order” and that the detention order was passed after considering the police dossier, Executive Magistrate’s report and other inputs.
Notably, the detention was based on a police dossier citing 18 FIRs and 16 DDRs registered and recorded against him from 2014 to 2025, besides reports of the Executive Magistrate and other material. After hearing both sides, the court allowed the petition, quashed the PSA detention order.
“In the backdrop of the foregoing discussion, the petition is allowed and the impugned detention order bearing No PSA 05of 2025 dated September 8, 2025 issued by the respondent number 2 i.e., District Magistrate Doda is quashed with direction to the respondents to release the petitioner (detenue) forthwith from his preventive detention in the instant case. The detention record is ordered to be returned back to the office of the Senior AAG along with the confidential report and pen drive,” Justice Wani held.
One of Malik’s advocates and AAP spokesperson Appu Singh Slathia, while sharing this news with the media in Jammu, said, “We have won this legal battle. This has bolstered our faith in the judiciary. I extend my gratitude to our legal team comprising senior counsel Rahul Pant, Muzaffar Khan, Sheikh Shakeel, M Zulkarnain and Tariq Ahmed who well-argued this case on the basis of sound logic. Besides I thank those who morally supported us with their positive vibes throughout.”
“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, his supporters – out of the confines after the court has quashed PSA against him,” Slathia said. Senior AAG Monika Kohli and senior advocate Sunil Sethi appeared for the UT government and other respondents. In the recent history in J&K, Malik was the first sitting MLA who was arrested invoking the draconian PSA which allows detention, even up to two years, without charge or trial. Since Malik was sitting MLA, the then District Magistrate Doda, in compliance with the rules, had posted the Speaker of Legislative Assembly of UT of Jammu and Kashmir about the development (booking the legislator under PSA).
However, the arrest of Malik had evoked sharp response from the legislators and politicians of different ilk (except from BJP) and they were seeking his release.
Many a time, the legislators raked up demand for AAP MLA’s release in the J&K Legislative Assembly also.
