J&K&L High Court Issues Notice On Plea Challenging Detention Of AAP MLA Mehraj Din Malik Under Public Safety Act

The Jammu and Kashmir and Ladakh High Court on Tuesday admitted and issued notice in a habeas corpus petition challenging the detention of Aam Aadmi Party (AAP) legislator Mehraj Din Malik under the Jammu and Kashmir Public Safety Act (PSA), 1978.

A bench of Justice Vinod Chatterji Koul issued a post-admission notice to the respondents and directed them to file their response within two weeks. Senior Additional Advocate General Monika Kohli accepted notice on behalf of respondent Nos. 1, 2, 4 and 5. The petitioner was permitted to serve notice on respondent No. 3 dasti. The matter has been posted for further hearing on October 14, 2025.

Malik, who represents the Doda constituency, has become the first sitting legislator in Jammu and Kashmir to be detained under the PSA, a preventive detention law that authorizes incarceration without trial if authorities are satisfied that a person's release may disturb public order, threaten peace, or endanger the security of the state.

Authorities shifted Malik to Bhaderwah Jail after issuing the detention order. According to officials, he has been named in 18 FIRs and 16 daily diary reports across various police stations in Doda district.

They alleged that Malik's activities were “increasingly disturbing public order,” particularly when the administration was engaged in relief operations for people affected by recent heavy rains and flash floods in remote areas of the hilly district.

The habeas corpus petition, filed through Senior Advocate Rahul Pant with Advocates S.S. Ahmed, Apu Singh Slathia, Zulkarnain Chowdhary, and Joginder Singh Thakur, challenges the legality of the detention and seeks Malik's release.

The case will now come up before the High Court on October 14, 2025, when the government is expected to place on record the grounds of detention and its justification for invoking the PSA against the sitting legislator.

Case Title:

Case Title: Mehraj Din Malik v. Union Territory of Jammu & Kashmir & Ors.2025

Counsel for Petitioner: Mr. Rahul Pant, Sr. Advocate with Mr. S. S. Ahmed, Ms. Apu Singh Slathia, Mr. Zulkarnain Chowdhary, and Mr. Joginder Singh Thakur, Advocates.

Counsel for Respondents: Mrs. Monika Kohli, Sr. AAG.

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