After HC Relief, Mehraj Malik Walks Free, Calls Detention ‘Unjustified’

The Jammu and Kashmir and Ladakh High Court has quashed the preventive detention of Mehraj Malik under the Public Safety Act (PSA), leading to his release from Kathua jail on Tuesday.

Justice Mohd Yousuf Wani set aside the detention order issued by the Doda district magistrate in September last year, directing authorities to release Malik “forthwith.” The court held the detention to be legally unsustainable , citing “ non-application of mind ” and lack of material justifying preventive detention.

Malik, who is the Aam Aadmi Party’s Jammu and Kashmir unit president, had been detained for allegedly disturbing public order. He challenged the move through a habeas corpus petition , also seeking ₹5 crore in compensation.

In its order, the High Court highlighted the distinction between “law and order” and “public order” , noting that the allegations largely related to routine issues, including election matters. It found no “live link” between the alleged acts and any threat to public order , concluding that the stringent PSA provisions were wrongly invoked.

Following the verdict, Malik was released after formalities, with supporters gathering outside Kathua jail to celebrate his return.

Speaking after his release, Malik thanked the judiciary and said he would continue to raise people’s issues . “I am now out of jail. I thank the judiciary for justice. I will continue to fight for the people,” he said.

Reacting to the ruling, Chief Minister Omar Abdullah termed the detention a “gross misuse” of the PSA , while M Y Tarigami said the verdict highlighted the need to review the law’s application .