J&K Govt Alerts Speaker on MLA Mehraj Malik’s PSA Detention

J&K Govt Alerts Speaker on MLA Mehraj Malik’s PSA Detention : On September 8, 2025, the Jammu and Kashmir government formally notified the Legislative Assembly Speaker, Abdul Rahim Rather, about the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the stringent Public Safety Act (PSA). Malik, the lone AAP MLA from Doda constituency, was detained for allegedly disturbing public order, marking the first time a sitting MLA in J&K has faced such action. This move has sparked widespread debate about the state of democracy in the Union Territory.

What Led to Mehraj Malik’s Detention?

Mehraj Malik, who won the Doda seat in the 2024 J&K Assembly elections by defeating his BJP rival by 4,538 votes, was detained on Monday in Doda district. The District Magistrate of Doda, Harvinder Singh, cited Malik’s activities as “prejudicial to the maintenance of public order” in a letter to the Speaker. A police dossier listed 18 FIRs and several daily diary reports against Malik, accusing him of disrupting relief efforts during recent floods and using derogatory language against officials, including Doda’s Deputy Commissioner.

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The detention followed a September 5 incident where Malik livestreamed a protest, demanding the relocation of a damaged health center in Thathri to a safer site. His remarks against the administration led to a fresh FIR, and he was arrested and shifted to Bhaderwah jail. The PSA, which allows detention without trial for up to two years, was invoked to curb his actions, which authorities claimed posed a “grave threat” to peace in Doda.

The detention has triggered strong reactions from political leaders across J&K. Peoples Conference leader Sajad Lone called it a “soulless democracy,” questioning the purpose of elections if elected representatives are silenced. “What is the fun of having elections if an elected representative cannot voice his sentiments?” he posted on X. PDP MLA Waheed Para labeled the move a “direct assault on democracy,” urging Chief Minister Omar Abdullah to intervene.

National Conference MLA Salman Sagar also condemned the detention, stating, “Detaining elected representatives under draconian laws sets a dangerous precedent in J&K post-2019, stifling democracy.” AAP leaders, including Arvind Kejriwal and Manish Sisodia, rallied behind Malik, with Kejriwal calling him a “lion” for raising public issues like hospital facilities. However, the J&K BJP welcomed the detention, with spokesperson Parimoksh Seth arguing that Malik’s actions, including abusive language, justified the action.

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Malik’s detention under the PSA is significant as it’s the first instance of a sitting J&K MLA being held under this law since the revocation of Article 370 in 2019. The PSA, enacted in 1978 to combat timber smuggling, has been criticized as a “lawless law” by groups like Amnesty International for its use against dissenters. Malik’s case raises concerns about the freedom of elected representatives to advocate for their constituents, especially in a region navigating complex political changes.

The notification to the Speaker, as required under the PSA, ensures transparency about the detention but does not guarantee Malik’s release. His membership in the J&K Assembly remains unaffected, as he has not been convicted in any case. Still, the move has fueled protests in Doda, with locals demanding justice for their MLA, who is known for addressing issues like water, electricity, and healthcare.

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The detention of Mehraj Malik has put the spotlight on the balance between public order and democratic rights in J&K. While the administration defends the PSA’s use to maintain peace, critics argue it risks alienating the public and weakening trust in elections. Malik’s vocal advocacy for his constituents, including during recent flood relief efforts, made him a popular figure, and his arrest has left many questioning the space for dissent.

As the controversy unfolds, the J&K government faces pressure to address these concerns. Chief Minister Omar Abdullah has been urged to act, with calls for a review of the PSA’s application in this case. For now, the detention of Mehraj Malik remains a stark reminder of the challenges facing democracy in Jammu and Kashmir.