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Uproar again in J&K assembly over detention of AAP MLA under PSA
On the second working day of J&K assembly’s autumn session, National Conference MLA from Banihal, Sajjad Shaheen, raised the issue of PSA on Mehraj Malik in the zero hour which was objected to by the Bharatiya Janata Party
The incarceration of MLA Doda Mehraj Malik under Public Safety Act (PSA) rocked the Jammu and Kashmir assembly again on Monday with some members demanding formation of a committee to inquire whether the invocation of PSA by district magistrate on Malik was justified.
National Conference MLA from Banihal, Sajjad Shaheen, raised the issue of PSA on Mehraj Malik in the zero hour which was objected to by the Bharatiya Janata Party.
Shaheen sought a one hour discussion on the issue. “MLA Doda Mehraj Malik is undergoing jail illegally and unconstitutionally under PSA. I want a debate in the house because today it is Mehraj Malik and tomorrow it will be any other MLA,” he said.
However BJP MLA from Udhampur East RS Pathania said that invoking PSA on anybody was the prerogative of a deputy commissioner. “There is no role of government or any party,” he said. Pathania’s objection triggered ire of ruling party’s and other members prompting bedlam in the house.
Malik was booked under PSA by the concerned district magistrate last month after alleged use of bad language. Under PSA a person can be jailed from six months to two years without trial.
“Without casting a value judgement...an issue which is already pending adjudication before the court, can it be adjudicated in the House or what,” Pathania said.
However Pathania was objected to by the NC MLA from Gurez Nazir Ahmad Khan (Gurezi). “If Malik had done any anti-national activity or militancy related activity, then nobody would have supported him in this House. But saying that the DC has the powers to book anybody under PSA, that won’t be allowed,” he said.
He also pointed out that any issue which is sub judice does not mean it can’t be discussed in the House. “If any case is pending in court, we can talk and discuss that here. The House is supreme to court,” he said.
While addressing the speaker Abdul Rahim Rather,Gurezi sought the formation of a committee to look into the justifications of PSA on Malik. “There should an in depth inquiry to find out whether PSA was justified on Malik or not. The DC is not the final authority to decide whom to put behind bars and whom to let go,” he said.
Peoples Conference president and MLA Handwara Sajad Lone said that PSA on Malik was totally unjustified. “This is a black law which was used by all here. Some parties have levelled allegations against him, they should also apologise,” he said.
Peoples Democratic Party leader and MLA Pulwama Waheed Para said that invoking PSA on Malik has eroded the institution of MLA in J&K. “The house is getting eroded. Today it is used on one person and tomorrow it can be used against you as well. A wrong precedent is being set. If we normalise this thing, tomorrow it will be normalised for your children,” he said.
Chief minister Omar Abdullah while talking to reporters after the assembly session said that if every sub judice issue will be kept outside the purview of assembly discussion, then people will start filing cases to prevent lawmakers from talking. “Whatever Malik did, he didn’t deserve a PSA. If he had cursed DC or an officer, that is no justification for a PSA. Recently a central minister said a whole community is ‘namak haram’. If the whole Muslim community is tagged as ‘namak haram’, then what wrong was said by Mehraj Malik,” Omar said.
“PSA should not have been invoked against Malik. And if any action was to be taken, it was the Speaker of the House who could have done that. Invoking PSA against an elected member is absolutely wrong,” he said
