J&K High Court quashes PSA detention of AAP MLA Mehraj Malik and orders his release
The Facts
- The Jammu and Kashmir and Ladakh High Court quashed the Public Safety Act detention of AAP MLA Mehraj Malik.
- Malik is an AAP legislator from Doda East/Doda and also heads the party’s Jammu and Kashmir unit.
- He had been detained since September 8, 2025, under allegations tied to activities prejudicial to public order and was lodged in Kathua jail.
- The High Court’s ruling came on a habeas corpus petition filed by Malik challenging his preventive detention, and the court had reserved judgment on February 23.
- Multiple reports say the court held that the allegations against Malik fell within ordinary law-and-order issues and did not justify preventive detention under the PSA standard for public order.
- The order cleared the way for Malik’s release, and he was released from Kathua jail the following morning after formalities were completed.
- The case drew attention because Malik was described in multiple reports as the first sitting MLA in Jammu and Kashmir to be booked under the PSA.
Context
What did the court decide?
The High Court set aside the detention order issued against Mehraj Malik under the Public Safety Act and directed that he be released from preventive detention ThePrint,Indian Express,Greater Kashmir.
Why had Mehraj Malik been detained?
Reports say Malik was detained on September 8, 2025, under the PSA over allegations that his activities were prejudicial to public order; he was then lodged in Kathua jail Jammu Kashmir Lates…,New Indian Express,Greater Kashmir.
Why is this case notable beyond Malik’s release?
The case centers on the use of preventive-detention law against an elected legislator. Several reports say the court found the allegations did not meet the threshold for PSA detention tied to public order, and some outlets noted Malik was the first sitting MLA in J&K reported to have been booked under the law News18,Hindu,Times of India.
How left and right read it
The striking part here is how a preventive-detention law was used against a sitting MLA and party leader, then rejected by the High Court as a matter better handled under ordinary law-and-order provisions. When an elected representative can be held from September 8, 2025 until a habeas petition succeeds, it raises broader concerns about protecting political rights and democratic representation.
What stands out is the court’s insistence on keeping the line clear between ordinary law-and-order allegations and the higher PSA standard for public order. The High Court’s decision on Malik’s habeas petition underscores a rule-of-law concern: preventive detention is an exceptional power, and its legitimacy depends on being applied within the limits the law actually sets.
The receipts — all 61 sources
Wire services (1)
Independent coverage (50)
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