Will the J&K HC resolve Mehraj Malik's case by December 27?
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Synopsis
On December 18, the Jammu and Kashmir and Ladakh High Court adjourned the Public Safety Act case of Doda MLA Mehraj Malik to December 27. This development raises questions about the implications of his detention and the urgency of his legal representation. Will justice be served in the upcoming hearing?
Key Takeaways
- Mehraj Malik's case has been adjourned to December 27.
- The Public Safety Act allows for detention without trial for up to two years.
- Supporters are hopeful for a resolution in the upcoming hearing.
- Malik is seeking Rs 5 crore in compensation for rights violations.
- The case highlights the complexities of political and legal issues in Jammu and Kashmir.
Srinagar, Dec 18 (NationPress) The Jammu and Kashmir and Ladakh High Court has postponed the next hearing for the Public Safety Act (PSA) detention case involving Doda MLA from the Aam Aadmi Party, Mehraj Malik, to December 27.
After reviewing arguments from one side, the High Court decided to adjourn the case, with the other side's arguments scheduled for the next hearing, where a judgment on the PSA detention of Mehraj Malik will also be delivered.
This case has seen previous adjournments by the court. Supporters of the MLA remain optimistic that a resolution will be reached in the upcoming hearing on December 27.
Mehraj Malik gained attention for the wrong reasons when he made unparliamentary remarks against the District Magistrate of Doda district in a viral video.
Additionally, he has previously been reported for inappropriate behavior towards a female doctor at the Doda district hospital.
His arrest occurred on September 8 after a video surfaced in which he used offensive language against Doda Deputy Commissioner Harvinder Singh regarding unresolved local dues.
A team of lawyers, including senior advocates Rahul Pant, Appu Singh Salathia, M. Zulkarnain Chowdhary, and Joginder Singh Thakur, are handling his case.
The defense has requested that the matter be treated as urgent, emphasizing the importance of the elected representative's duties to the public.
They argued that the case deserves a swift hearing.
Moreover, Mehraj Malik is pursuing compensation of Rs 5 crore from the respondents for the alleged 'violation of his fundamental rights and personal liberty'.
Malik emerged victorious in the 2024 Assembly elections, representing the Aam Aadmi Party as the sole member from Doda in the 90-member Assembly.
The PSA is a stringent law typically enforced against secessionist and anti-national elements.
Drug and timber smugglers have also faced detention under this act.
This law permits the detention of individuals for up to two years without judicial oversight.
Initially introduced by former Jammu and Kashmir Chief Minister, late Sheikh Mohammad Abdullah, in 1978 to combat timber smuggling, its political motivations were apparent when it was first employed against political opponents.
Since its inception in the late 1970s, it continues to be utilized for state security.
Following the 2019 bifurcation of Jammu and Kashmir, the PSA was retained under the Jammu and Kashmir Reorganisation Act, 2019.
Point of View
It is essential to maintain a balanced perspective. The situation highlights the complexities of the Public Safety Act and its implications for elected representatives. As the court prepares to hear both sides on December 27, the focus should remain on justice and the protection of fundamental rights, ensuring that political motivations do not overshadow the legal process.
NationPress
18/12/2025
Frequently Asked Questions
What is the Public Safety Act?
The Public Safety Act (PSA) is a stringent law in Jammu and Kashmir that allows for the detention of individuals without trial for up to two years, primarily aimed at maintaining public order and security.
Why was Mehraj Malik detained?
Mehraj Malik was detained under the PSA following his use of offensive language against government officials in a viral video, which raised concerns about his conduct as an elected representative.
What are the potential implications of this case?
The case raises significant questions about the application of the PSA, the rights of elected officials, and the balance between maintaining public order and protecting individual freedoms.
When is the next hearing for Mehraj Malik's case?
The next hearing for Mehraj Malik's case is scheduled for December 27, where the court will hear arguments from both sides.
Who are Mehraj Malik's legal representatives?
Mehraj Malik's defense team includes prominent lawyers such as Rahul Pant, Appu Singh Salathia, M. Zulkarnain Chowdhary, and Joginder Singh Thakur.
