J&K High Court Orders Release Of AAP MLA Malik; Slams PSA As Shortcut To Bypass Criminal Law

The Jammu and Kashmir High Court ordered the release of Mehraj Malik and criticised the UT administration for misusing the Public Safety Act as a shortcut to bypass criminal law. The court noted that cases against Malik related to election code violations or protests over the relocation of a health centre did not disturb the even tempo of the life of the community. It highlighted concerns about impartiality since DM Harvinder Singh, who issued the detention order, was a party to the dispute. Citing Rekha v. State of Tamil Nadu (2011), the court said that if ordinary law can deal with a situation, preventive detention is illegal, and that an elected representative's protest does not automatically amount to public disorder. The court also observed that the arrest and detention had triggered massive protests in Doda, necessitating a curfew.

The arrest and subsequent detention triggered massive protests in Doda, with authorities reportedly imposing a curfew to control the situation.

Mehraj Malik, a Jammu and Kashmir Aam Aadmi Party MLA, was arrested under the Public Safety Act after a heated argument with the district magistrate of Doda. The district magistrate cited 18 FIRs against Malik as grounds for detention and accused him of using unparliamentary language against the district magistrate.