<p>Srinagar: The High Court of Jammu & Kashmir on Monday quashed the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the PSA holding that an elected representative cannot be preventively detained merely for “hurting the feelings” of officials and terming such use of the law as a “shortcut” outside due process.</p><p>Malik, the lone AAP legislator from Doda and the party’s Jammu and Kashmir unit president, was detained on September 8, 2025, under the Public Safety Act (PSA) on allegations of activities prejudicial to public order. He had been lodged in Kathua district jail since his arrest.</p><p>Allowing a habeas corpus petition filed by Malik, the high court set aside the detention order, ruling that it could not be sustained in law and paving the way for his release, subject to any other cases.</p>.Sena (UBT) takes out coffin march in Jammu to mark one year of Pahalgam attack.<p>In its judgment, the court came down heavily on the detaining authority, observing that preventive detention is an exceptional measure and cannot be invoked as a substitute for ordinary criminal law.</p><p>It held that the grounds of detention reflected non-application of mind and were based on vague and extraneous considerations, noting that “you cannot jail an MLA for hurting your feelings.” The court also underscored that the “subjective satisfaction” required under the PSA must be backed by credible material demonstrating a real threat to public order, not mere apprehensions or personal grievances of officials.</p><p>The case had been under consideration for several months, with the court reserving its judgment on February 23 after hearing arguments from both sides.</p><p>Malik’s detention had drawn significant attention as he became the first sitting MLA in Jammu and Kashmir to be booked under the PSA, a law that permits detention without trial for extended periods.</p><p>His arrest had triggered protests in parts of Jammu, particularly in his home district of Doda, and prompted criticism from opposition parties over the use of preventive detention against an elected representative.</p><p>Authorities had justified the move by citing multiple cases against Malik and alleging that his actions and statements had the potential to disturb public order.</p><p>Malik, however, had challenged the detention as arbitrary and politically motivated.</p><p>The PSA, enacted in 1978, has long been criticised by civil liberties groups for allowing prolonged detention without formal charges or trial.</p><p>In a related development earlier, the high court had also set aside the PSA detention of one of Malik’s aides, pointing to similar procedural lapses.</p><p>With the court overturning the detention order, Malik is expected to be released from custody unless authorities invoke fresh grounds or he is required in connection with other cases.</p>
<p>Srinagar: The High Court of Jammu & Kashmir on Monday quashed the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the PSA holding that an elected representative cannot be preventively detained merely for “hurting the feelings” of officials and terming such use of the law as a “shortcut” outside due process.</p><p>Malik, the lone AAP legislator from Doda and the party’s Jammu and Kashmir unit president, was detained on September 8, 2025, under the Public Safety Act (PSA) on allegations of activities prejudicial to public order. He had been lodged in Kathua district jail since his arrest.</p><p>Allowing a habeas corpus petition filed by Malik, the high court set aside the detention order, ruling that it could not be sustained in law and paving the way for his release, subject to any other cases.</p>.Sena (UBT) takes out coffin march in Jammu to mark one year of Pahalgam attack.<p>In its judgment, the court came down heavily on the detaining authority, observing that preventive detention is an exceptional measure and cannot be invoked as a substitute for ordinary criminal law.</p><p>It held that the grounds of detention reflected non-application of mind and were based on vague and extraneous considerations, noting that “you cannot jail an MLA for hurting your feelings.” The court also underscored that the “subjective satisfaction” required under the PSA must be backed by credible material demonstrating a real threat to public order, not mere apprehensions or personal grievances of officials.</p><p>The case had been under consideration for several months, with the court reserving its judgment on February 23 after hearing arguments from both sides.</p><p>Malik’s detention had drawn significant attention as he became the first sitting MLA in Jammu and Kashmir to be booked under the PSA, a law that permits detention without trial for extended periods.</p><p>His arrest had triggered protests in parts of Jammu, particularly in his home district of Doda, and prompted criticism from opposition parties over the use of preventive detention against an elected representative.</p><p>Authorities had justified the move by citing multiple cases against Malik and alleging that his actions and statements had the potential to disturb public order.</p><p>Malik, however, had challenged the detention as arbitrary and politically motivated.</p><p>The PSA, enacted in 1978, has long been criticised by civil liberties groups for allowing prolonged detention without formal charges or trial.</p><p>In a related development earlier, the high court had also set aside the PSA detention of one of Malik’s aides, pointing to similar procedural lapses.</p><p>With the court overturning the detention order, Malik is expected to be released from custody unless authorities invoke fresh grounds or he is required in connection with other cases.</p>