J&K HC quashes AAP leader Mehraj Malik’s PSA detention

JAMMU: J&K high court quashed Monday the detention of Mehraj Malik, the lone AAP legislator in the Union territory’s assembly, under the stringent Public Safety Act (PSA) and directed the authorities to release him forthwith.

Giving relief to the Doda East MLA, Justice Mohd Yousuf Wani held that the allegations against him essentially fall within the realm of ordinary law and order and cannot be stretched to justify preventive detention. Malik was taken into custody over allegations of misbehaving with a senior Doda officer nearly eight months ago.

Malik (37) described the PSA detention order, issued by the Doda DM, arbitrary, politically motivated and an abuse of preventive detention powers, and demanded a Rs 5-crore compensation from the authorities.

The HC held that the allegations against Malik were under investigation or in trial stage before courts and there was no apprehension that he was likely to act in a manner prejudicial to public order.

The govt, however, defended the action, contending that Malik had a tendency to disturb public order and that his detention followed reports from police, magisterial authorities and other inputs.

Malik has been lodged in Kathua jail. “We have won this legal battle. This has bolstered our faith in the judiciary. It was a tough journey spanning eight months. But as they say, all’s well that ends well. Soon Malik will be with all of us and his supporters,” Malik’s advocate and AAP spokesperson Appu Singh Slathia said.

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