AAP MLA Mehraj Malik walks out of jail after J&K High Court quashes PSA detention

The Jammu & Kashmir and Ladakh High Court on Monday quashed the preventive detention of Mehraj Malik, Aam Aadmi Party (AAP)'s lone MLA in J&K [Mehraj Din Malik V/s Union Territory of Jammu and Kashmir]

Malik was detained under the Public Safety Act (PSA) since September 2025 following a confrontation with then Deputy Commissioner Harvinder Singh. He was released from jail on Tuesday morning.

Justice Mohammad Yousuf Wani ruled that any inconvenience caused to officials does not amount to “public disorder".

"Any annoyance or ill will expressed by public servants against the petitioner/detenu, in his capacity as the concerned MLA, cannot amount to public disorder. There must be a direct impact of the alleged act on societal harmony before the same can be adjudged as an act disturbing social order. Every contravention of law may affect order, but before it can be said to affect 'public order,' it must affect the community or the public at large," the Court said.

The Court also observed that though Malik was accused of hindering government authorities in discharge of their duties, there was no material to show any public unrest or societal disturbance due to his actions.

“The alleged actions of the petitioner no doubt amount to infraction of normal criminal laws for which the legal mechanism in place was already pressed into service. The invocation of the provisions of the PSA to detain the petitioner rather than to pursue the prosecution against him appears to be an unjustified exercise tantamounting to violation of the fundamental rights of the petitioner," the Court added.

Malik had last year moved a habeas corpus petition to challenge the detention order issued by then District Magistrate, Doda on September 8, 2025. Malik was detained in District Jail Kathua on the ground that his activities were prejudicial to the maintenance of public order.

The detention was based on a police dossier citing 18 FIRs and 16 Daily Diary Reports (DDRs) registered against the MLA between 2014 and 2025.

The district administration alleged that he was a history-sheeter involved in disrupting public offices, instigating protests, misusing social media, and inciting unrest, particularly in connection with a dispute over shifting of a health centre in Doda in September 2025.

However, Malik argued that the detention was politically motivated and based on personal bias, contending that most FIRs were either stale or related to routine law-and-order issues. It was also submitted that he had already been granted bail in several cases and that ordinary criminal law was sufficient to deal with the allegations.

The Court agreed with the submission that several FIRs relied upon were old and lacked proximity to the detention order.

"Perusal of the said fourteen cases reveals that, as rightly contended by learned counsel for the petitioner, they pertain either to alleged violations of the Model Code of Conduct during elections or to acts of resentment/protest by the petitioner, supported by some locals, against the alleged omissions in discharge of public duties," it said.

It further observed that the grounds of detention appeared to be a mechanical reproduction of the police dossier, indicating non-application of mind by the detaining authority.

The Court also noted that relevant material, including electronic evidence such as videos relied upon by the authorities, was not furnished to Malik. It resulted into a violation of his constitutional right to make an effective representation, the Court ruled.

Senior Advocate Rahul Pant with advocates Muzaffar Iqbal Khan, SS Ahmed, Appu Singh Salathia, Tariq Mougal and Zulkarnain Chowdhary represented the petition

Senior Additional Advocate General Monika Kohli and Senior Advocate Sunil Sethi represented the Union Territory.

[Read Judgment]