The Jammu and Kashmir high court on Monday quashed a Public Safety Act (PSA) case against Aam Aadmi Party MLA from Doda East Mehraj Malik, paving the way for his release from prison, where he was lodged since last year on allegations of disturbing public order.
Justice Mohammad Yousuf Wani passed the order nearly two months after the court reserved its judgment on February 23 on a petition filed by Malik.
“The high court on Monday quashed the PSA of Mehraj Malik. We have won the case,” Malik’s counsel and AAP spokesperson Appu Singh Salathia said.
“It was a tough journey for all of us but we have won. Advocate Rahul Pant and other members of the team fought the case on merits,” she said. Malik’s legal team wrapped up arguments on December 18, contending that the government’s lackadaisical approach had kept a sitting MLA behind bars, leaving his constituency without representation.
The J&K administration had invoked the stringent PSA against him for allegedly disturbing public order, following which he was detained on September 8 and eventually moved to Kathua jail.
Malik, who is AAP’s J&K unit president, filed a petition on September 24 last year challenging his detention order issued by the Doda district magistrate under Section 8 of the J&K Public Safety Act, 1978 and sought ₹5 crore in compensation.
{{/usCountry}}Malik, who is AAP’s J&K unit president, filed a petition on September 24 last year challenging his detention order issued by the Doda district magistrate under Section 8 of the J&K Public Safety Act, 1978 and sought ₹5 crore in compensation.
{{/usCountry}}The AAP MLA’s arrest was followed by an FIR filed against him for allegedly using abusive language against the then-Doda district commissioner Harvinder Singh.