JK High Court restrains police from filing charge-sheet against MLA Mehraj Malik

Srinagar: The Jammu and Kashmir High Court has restrained police from filing a charge-sheet against Doda MLA Mehraj Malik, while permitting the investigation to proceed.

The case invokes Section 356(2) (assault with intent to dishonour), Section 79 (obstructing a public servant), and Section 351(2) (use of force to deter a public servant).

Justice Rajesh Sekhri, while hearing the matter, issued notice to the respondents and granted them four weeks to file objections. The case has been listed for further hearing on October 31, 2025.

Malik, the lone AAP MLA in Jammu and Kashmir, was detained on September 8 by the Doda district magistrate, who cited his conduct as “prejudicial to public order.”

His arrest came shortly after a confrontation with Doda Deputy Commissioner Harvinder Singh, during which Malik accused the officer of misuse of authority, lapses in flood relief, and failure to clear rent arrears for a dispensary.

The detention has sparked protests in Doda and drawn sharp political reactions across Jammu and Kashmir. Malik’s father has led emotional appeals, earlier saying: “I gave my son to the people, now I want him back. His four daughters are crying at home — the youngest is just two-and-a-half years old. His mother and wife are also in tears. Who will take care of them?” He has also demanded the suspension of the DC and called for an independent probe.

Chief Minister Omar Abdullah met Malik’s father last week, assuring legal support. “I met his father and assured him all the help. I would advise his party (AAP) to pick a lawyer from J&K who understands the PSA law well, and not bring a lawyer from outside J&K. I have spoken to a few lawyers. We are ready to extend all possible help,” Omar said.

Support has also come from legal quarters. Muzaffar Iqbal Khan, a former Supreme Court advocate from Thanamandi, announced he would represent Malik free of cost, calling the MLA innocent. “I will fight Mehraj Malik’s case completely free of charge. I will not take a single penny,” he said.

AAP chief Arvind Kejriwal earlier questioned the detention, asking whether an elected representative should be jailed for demanding basic amenities for his constituency. Civil society groups and opposition leaders have similarly criticised the use of PSA against a sitting legislator — a law usually invoked against militants and political activists. [KNT]