Why Was J&K AAP MLA Mehraj Malik Detained Under PSA?
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Synopsis
The detention of Mehraj Malik, an AAP MLA in J&K, under the Public Safety Act has sparked a significant political uproar. This unprecedented action raises questions about democracy and civil liberties in the region.
Key Takeaways
- Mehraj Malik is the first sitting legislator detained under the PSA in J&K.
- The PSA allows for detention without trial for up to two years.
- Malik's detention has sparked widespread political backlash.
- Leading politicians have criticized the use of the PSA against elected representatives.
- The incident raises critical questions about democracy and civil liberties in J&K.
Jammu, Sep 8 (NationPress) In a groundbreaking development, Mehraj Malik, the Jammu and Kashmir Aam Aadmi Party (AAP) leader and current MLA from Doda, was taken into custody on Monday under the severe Public Safety Act (PSA). This law, which was established in 1978 during the leadership of Sheikh Mohammad Abdullah, permits authorities to detain individuals for a maximum of two years without any judicial oversight.
The PSA was initially designed to combat timber smuggling but has evolved to target separatists and individuals viewed as threats to public order in J&K. Malik represents the first sitting legislator within the Union Territory who has been charged under these provisions.
He secured victory in the 2024 J&K Assembly elections from Doda, defeating a BJP candidate by a margin of 4,538 votes, marking AAP's inaugural win in the area.
Malik's political journey has been fraught with controversy, including verbal altercations with officials and a recent incident captured in a viral video where he threatened the Doda deputy commissioner, leading to a police complaint against him.
His arrest has ignited a political uproar across various parties. NC MLA Salman Sagar condemned the action on X, labeling it as “a dangerous precedent.” He stated, “I strongly condemn the application of PSA on MLA Doda Mehraj Malik. The detention of elected officials under oppressive laws sets a perilous precedent in J&K post-2019, stifling democracy and silencing dissent. Free speech and political expressions must be safeguarded, not suppressed.”
PDP MLA Waheed Para called it “a blatant attack on democracy,” asserting, “This is a disgraceful surrender. The Assembly Secretariat endorsing PSA against an elected MLA is a direct assault on democratic principles. J&K CM Omar Abdullah must take action to prevent the silencing of the MLA institution, the last voice of the people. Today it’s Mehraj, tomorrow it could be you.”
AAP officials have vocally defended Malik. Arvind Kejriwal criticized the J&K government, questioning if advocating for a hospital in one's constituency could justify imprisonment.
He referred to Malik as “the lion of AAP,” emphasizing that he will persist as the people’s advocate. In a message on X, Kejriwal remarked, “Is it such a severe offense to demand a hospital for your community that an elected MLA ends up in jail? Mehraj Malik is the lion of the Aam Aadmi Party. He will always be the voice of the people, fighting for their rights. Jail, threats, and conspiracies… none of these can intimidate an AAP soldier.”
Senior AAP leader Manish Sisodia accused the BJP-led government of employing authoritarian tactics to silence dissent, stating, “The police of dictators have detained AAP MLA Mehraj Malik in Jammu-Kashmir for advocating for a hospital. This exemplifies the open dictatorship of the Modi-Shah regime, driven by an insatiable thirst for power, where those speaking up for the people's rights are seen as threats. History shows that whenever dictatorship rises, revolutions become even louder.”
Meanwhile, the Jammu and Kashmir government has notified the Assembly Speaker about the arrest.
Point of View
It is crucial to uphold the tenets of democracy and civil rights. The detention of an elected representative under such stringent laws raises significant concerns. Ensuring the balance between security and civil liberties is vital for the health of our democracy. We must advocate for upholding democratic processes and the protection of dissenting voices.
NationPress
08/09/2025
Frequently Asked Questions
What is the Public Safety Act?
The Public Safety Act (PSA) is a law enacted in 1978 that allows for the detention of individuals without trial for up to two years in Jammu and Kashmir.
Why was Mehraj Malik detained?
Mehraj Malik was detained under the PSA, marking a controversial use of the law against a sitting MLA, which has drawn criticism from various political leaders.
What are the implications of this detention?
The detention of an elected representative under the PSA raises serious concerns about democracy, civil liberties, and the potential stifling of dissent in Jammu and Kashmir.
Who has condemned Malik's detention?
Multiple political leaders, including NC MLA Salman Sagar and PDP MLA Waheed Para, have condemned the detention, calling it a dangerous precedent for democracy.
What does AAP leader Arvind Kejriwal say about Malik's detention?
Arvind Kejriwal defended Malik, questioning whether advocating for a hospital in one's constituency justifies his detention and asserting that Malik remains the voice of the people.
