JAMMU (February 23, 2026) — The High Court of Jammu and Kashmir and Ladakh on Monday reserved its verdict on a habeas corpus petition challenging the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the Public Safety Act (PSA). A bench presided over by Justice Mohammad Yousuf Wani concluded hearing final arguments from both the petitioner’s counsel and the Union Territory administration. Malik, the first sitting legislator in the region to be booked under the stringent law, has been in custody since September 2025.
Grounds of Detention and Petitioner’s Arguments
Mehraj Malik, who represents the Doda East constituency and serves as the AAP’s Jammu and Kashmir unit president, was detained on 8 September 2025. The official dossier prepared by the Doda district administration accused him of “habitual confrontation” with government officials and using social media to “incite unrest” and “provoke the public.” These activities were deemed prejudicial to the maintenance of public order.
During the proceedings, Malik’s legal team, led by Senior Advocate Rahul Pant, argued that the detention was “punitive rather than preventive” and motivated by political vendetta. The counsel contended that the grounds provided in the 33-page dossier were legally flimsy and lacked a “solid foundation” for curtailing the personal liberty of an elected representative. The petition also seeks 5 crore rupees in compensation for the alleged violation of Malik’s fundamental rights.
Government’s Stance and Legal Thresholds
The Jammu and Kashmir administration, represented by Senior Additional Advocate General Monika Kohli, maintained that Malik’s actions posed a “grave threat to peace and tranquillity” in the Doda district. The government argued that the MLA’s repeated use of derogatory language against public functionaries and his mobilisation of villagers during administrative tasks necessitated preventive action under the PSA.
Under the Jammu and Kashmir Public Safety Act, 1978, individuals can be detained without a formal charge or trial for up to two years. However, the High Court has historically quashed numerous PSA orders where the grounds of detention were found to be vague or where the procedural safeguards were not strictly followed.
Significant Timeline of the Case
- 8 September 2025: Malik is detained at a government guest house in Doda and subsequently moved to Kathua jail.
- 24 September 2025: A habeas corpus petition is filed in the High Court challenging the detention order.
- 18 December 2025: The petitioner’s side concludes over six hours of arguments over multiple sessions.
- 5 February 2026: The High Court directs the government to continue advancing its response.
- 23 February 2026: The court reserves its order after hearing the concluding submissions from the Union Territory administration.
The court’s decision is expected to set a critical precedent regarding the intersection of administrative authority and the civil liberties of elected officials in the Union Territory.
Sources
- Press Trust of India (PTI): “HC reserves order on MLA Mehraj Malik’s PSA case” (February 23, 2026)
- Greater Kashmir: “Detention under PSA: J&K Govt to respond to AAP MLA’s petition” (December 18, 2025)
- Article 14: “First J&K Legislator Held Under Draconian Detention Law” (October 30, 2025)
- Law Trend: “J&K High Court to Continue Hearing on AAP MLA Mehraj Malik’s PSA Detention” (February 5, 2026)
Legal Battle for AAP MLA Mehraj Malik This video provides a concise update on the High Court proceedings, featuring insights from the legal team and a summary of the arguments presented during the final hearings in February 2026.
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