E-Paper
Postal ballot arranged for jailed AAP MLA for Rajya Sabha polls, J&K govt informs HC
On habeas corpus petition seeking Malik’s release, the HC has already asked the government to file a counter affidavit before November 7, when case will be taken up for adjudication
The Jammu and Kashmir government on Saturday informed the High Court of J&K and Ladakh that the postal ballot has been arranged for jailed AAP MLA Mehraj Malik to cast his vote for the ensuing Rajya Sabha elections on October 24. Malik has been lodged in Kathua district jail since September 8 under the stringent Public Safety Act (PSA) for allegedly disturbing public order in Doda district.
Senior advocate Sunil Sethi, along with senior additional advocate general Monika Kohli, informed Justice Rajesh Sekhri that the government has already dispatched the postal ballot to the authorities concerned to facilitate Malik’s participation in the Rajya Sabha election scheduled for October 23. The case was listed in the high court on Saturday.
In an application filed by Malik on October 14, he had sought permission to cast his vote and participate in the upcoming assembly session in Srinagar. While the petitioners, led by senior advocate Rahul Pant, who appeared for Mailk, pressed for urgent consideration of both prayers, the government’s counsel clarified that steps had already been taken to address the voting aspect.
The court directed the registry to list the matter for further hearing on October 27 to consider the second prayer regarding Malik’s physical participation in the assembly session commencing in Srinagar.
The court also directed the government to ensure that the detenue is allowed to cast his vote in accordance with the law.
On October 14, J&K and Ladakh high court had directed the J&K government to file its response on Malik’s plea seeking allowance to participate in the upcoming assembly session. On habeas corpus petition seeking Malik’s release, the HC has already asked the government to file a counter affidavit before November 7, when case will be taken up for adjudication.
The AAP MLA has sought quashing of his detention order issued by Doda district magistrate under Section 8 of J&K Public Safety Act, 1978.
While two Rajya Sabha seats are going to polls separately, two other seats are clubbed together under a common notification, allowing each legislator to cast three votes. The National Conference has fielded four candidates against three by the BJP.
