JK HC quashes PSA detention of AAP MLA Mehraj Malik

Court says actions alleged against Malik did not disturb “public order,” calls detention unjustified

Srinagar: The Jammu & Kashmir and Ladakh High Court has set aside the preventive detention of Aam Aadmi Party MLA Mehraj Malik, ordering his release from custody.

Malik had been held under the Public Safety Act since September 2025, following a confrontation with a district official. The detention order, issued by the Doda District Magistrate, cited his alleged role in activities prejudicial to public order.

Justice Mohammad Yousuf Wani ruled that the material on record failed to demonstrate any impact on public order. The Court observed that dissatisfaction or inconvenience caused to officials does not amount to a disturbance of public order unless it affects society at large.

It noted that while the allegations against Malik could fall within the ambit of ordinary criminal law, invoking preventive detention laws in such circumstances was unwarranted and infringed upon his fundamental rights.

The Court also found that several cases relied upon by authorities were outdated and lacked a direct link to the detention order. It further held that the detention appeared to be based on a mechanical reproduction of the police dossier, indicating non-application of mind.

Additionally, the Court pointed out that key material, including electronic evidence, was not supplied to Malik, thereby denying him the opportunity to make an effective representation against his detention.

Malik had challenged the detention through a habeas corpus petition, arguing that the action was politically motivated and that existing legal remedies were sufficient to address the allegations. The Court ultimately agreed, leading to the quashing of the detention order.