The Jammu and Kashmir and Ladakh High Court on Monday quashed the preventive detention of Aam Aadmi Party (AAP) legislator Mehraj Malik under the Public Safety Act (PSA), calling the order legally unsustainable and based on “non-application of mind”.
Justice Mohd Yousuf Wani set aside the detention order issued by the Doda district magistrate in September last year and directed authorities to release Malik immediately.
Court Says No Grounds for Preventive Detention
In its detailed order, the court made a clear distinction between “law and order” and “public order”, noting that the allegations against Malik did not meet the threshold required for preventive detention.
“The alleged activities do not amount to public disorder,” the court observed, adding that there was “no live link or proximity” between the accusations and the need to detain him under the PSA.
The court also pointed out that most of the cases cited against Malik were routine in nature, including election-related issues. “Almost all the criminal cases pertain to normal law and order violations not justifying detention under PSA,” the order said.
“Non-Application of Mind” by Authorities
The bench held that the detention order reflected a lack of proper reasoning by the authorities.
“There appears to be non-application of mind… the ground was not made out for forming an opinion that the detenu is likely to act in a manner prejudicial to public order,” the court stated.
It further said there was no credible evidence to suggest that Malik posed any threat to social stability.
Reaffirming Constitutional Safeguards
The court reiterated that preventive detention laws like the Public Safety Act are exceptions to the fundamental right to personal liberty under Article 21 of the Constitution and must be used cautiously.
“Preventive detention cannot be allowed to be misused beyond the scope of the law,” the judgment noted.
Political Reactions: “Gross Misuse of Law”
Reacting to the verdict, Jammu and Kashmir Chief Minister Omar Abdullah said Malik should never have been detained.
“His detention was a gross misuse of this law and totally unjustified,” Abdullah said, expressing hope that authorities would learn from the judgment.
CPI(M) leader M Y Tarigami also welcomed the decision, calling the PSA a “draconian law” that has been repeatedly misused.
“The judgment once again highlights the need to revoke such laws,” he said.
Celebrations in Doda
Following the court’s order, celebrations broke out in Malik’s home constituency of Doda, where supporters gathered on the streets, burst firecrackers and raised slogans in his support.
Malik, who is also the AAP’s Jammu and Kashmir unit president, had been detained in September last year and lodged in Kathua jail. He later challenged the detention through a habeas corpus petition in the High Court.
