The J&K and Ladakh high court, on Tuesday, directed the J&K government to file it’s response on jailed Aam Aadmi Party (AAP) MLA Mehraj Malik’s plea seeking allowance to participate in the upcoming assembly session in Srinagar and also enable him to cast his vote for Rajya Sabha elections slated to be held on October 24.
The HC has directed the government to file it’s response by or before the next hearing --October 18.
On Habeas Corpus petition seeking Malik’s release, HC asked the government to file a counter affidavit before November 7, when case will be taken up for adjudication. Malik has been jailed at Kathua under PSA for allegedly disturbing public order.
“Today justice Sanjay Dhar of J&K and Ladakh HC, directed the J&K government to submit their reply on the application filed by the detenue (Mehraj Malik’s) seeking permission to participate in the upcoming assembly session of J&K and to cast his vote for the Rajya Sabha election, which is scheduled to be held on October 24,” said senior HC lawyer Sheikh Shakeel Ahmed.
A team of lawyers that appeared on behalf of Malik, submitted before the HC that they have filed an application seeking permission for the detenue to participate in the upcoming assembly session of J&K and to cast his vote for the Rajya Sabha election.. “Furthermore, the team emphatically put forth that the replies in the main petition have not been filed till date. It was humbly and vociferously submitted that the applications are of emergent nature and therefore should be considered expeditiously so that the detenue can participate in the upcoming assembly session of J&K and can cast his vote for the RS polls,” said Ahmed.
{{/usCountry}}A team of lawyers that appeared on behalf of Malik, submitted before the HC that they have filed an application seeking permission for the detenue to participate in the upcoming assembly session of J&K and to cast his vote for the Rajya Sabha election.. “Furthermore, the team emphatically put forth that the replies in the main petition have not been filed till date. It was humbly and vociferously submitted that the applications are of emergent nature and therefore should be considered expeditiously so that the detenue can participate in the upcoming assembly session of J&K and can cast his vote for the RS polls,” said Ahmed.
{{/usCountry}}Senior Advocate Sunil Sethi with senior additional advocate general (AAG) Monika Kohli appeared for the government of J&K and sought time to file reply in the applications as well as the main petition.
After considering the pleas of both the parties, justice Sanjay Dhar granted time to J&K government to file the reply by or before the October 18 and to file reply in the main petition by or before November 7.
On September 24, justice Vinod Chatterji Koul of the J&K and Ladakh HC had directed UT administration, headed by LG Manoj Sinha, to file response to a Habeas Corpus petition filed by Malik, challenging his detention. The AAP MLA has sought quashment of his detention order issued by district magistrate, Doda, under Section 8 of J&K Public Safety Act, 1978.