J&K High Court Overturns AAP MLA Mehraj Malik’s Detention Under Public Safety Act

The High Court of Jammu and Kashmir made a significant ruling on Monday by overturning the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik, who had been held under the controversial Public Safety Act (PSA). This legal decision comes in response to a petition challenging his detention, which had been initiated by the Doda district administration in September last year.

Malik, who serves as the elected representative for the Doda constituency and leads the AAP’s Jammu and Kashmir unit, found himself in legal turmoil when he was detained for a year on September 8, 2022, on allegations of allegedly disrupting public order. The PSA allows for preventive detention, enabling the authorities to arrest individuals with the justification of maintaining public security and order in the region, a law that has often faced criticism for its misuse.

During the court proceedings, Justice Mohammad Yousuf Wani evaluated the reasons given for Malik’s detention and concluded that they did not fulfill the necessary legal criteria for justifying such a significant action. He pointed out that the issues cited in the detention order were primarily related to law and order situations already being addressed through existing legal complaints, or First Information Reports (FIRs).

The court emphasized the need for the rule of law, stating that preventive detention should not substitute the normal investigative processes that law enforcement must undertake in criminal matters. Justice Wani stressed that the authorities must not exploit preventive detention as a means to evade their responsibilities when investigating crimes, highlighting the importance of adhering to legal norms.

This ruling marks a notable moment as Malik was the first sitting legislator in the Union Territory to be detained under the PSA, raising questions about the application of such laws against elected representatives. Following the court’s decision, Malik has been released, and his case has sparked renewed discussions on the balance between state security and individual rights, particularly in a region that has faced extensive political and social upheaval.

Source: scroll.in