Jammu, Sept 24: Jammu and Kashmir Aam Aadmi Party (AAP) president and MLA Mehraj Malik has filed a habeas corpus petition in the High Court challenging his detention under the Public Safety Act (PSA) earlier this month. In his petition, he has also claimed Rs five crore in compensation for the alleged curtailment of his personal liberty.
Justice Chatterji Koul admitted the petition and issued notices to the Principal Secretary of the Home Department, Doda’s district magistrate, the senior superintendent of police, and the superintendent of Kathua district jail. They have been asked to file their response by October 14, the next date of hearing. The government’s notices were accepted in open court by Senior Additional Advocate General Monika Kohli.
Malik was taken into PSA custody on September 8 from his Doda constituency for allegedly disturbing public order and was lodged in Kathua jail. This is the first time a sitting MLA in Jammu and Kashmir has been detained under the PSA, a law that allows preventive detention without trial for up to two years in certain cases. His arrest sparked protests in Doda and drew criticism from political parties across the region.
During Wednesday’s hearing, Malik’s legal team, led by senior advocate Rahul Pant and including S.S. Ahmed, Appu Singh Slathia, M. Zulkarnain Chowdhary, and Joginder Singh Thakur, urged the court to ensure that respondents file their reply quickly, citing the urgency as Malik is an elected representative required for public duties.
The petition challenges the PSA order issued by the Doda district magistrate, citing several grounds, including alleged personal bias. Malik is also seeking Rs five crore in compensation for the violation of his personal liberty.
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