First MLA held under law; AAP, NC, PDP, JKPC condemn, BJP backs govt move
Srinagar: Jammu and Kashmir Aam Aadmi Party (AAP) chief and MLA Mehraj Din Malik was on Monday detained under the region's stringent Public Safety Act (PSA), prompting widespread criticism from political parties except the BJP. This is the first instance of a sitting MLA being detained under this law, which permits preventive detention without charge or trial for up to two years to maintain public order.
Malik, 37, was elected to J&K Assembly in 2024, defeating his nearest rival from the BJP in Doda by over 4,538 votes and registering the first win for his party in the Union Territory.
Reports from Doda, a town 206 km southeast of capital Srinagar, said that Malik was detained by police at local Dak Bungalow in Doda while attempting to visit flood-affected areas and was subsequently shifted to Bhaderwah district jail.
The order was issued by Doda’s district magistrate (DC) Harvinder Singh, who said Malik was being detained under the PSA, specifically for activities prejudicial to the maintenance of public order. It said that his activities were deemed a “grave threat to peace, public order, and tranquility” in Doda district.
Officials said that the concerned authorities reviewed relevant materials, including 18 FIRs, 10 daily diary reports (police logs), and multiple public complaints against Malik.
Malik has also been accused of using abusive and derogatory language against DC Singh and other officials, as seen in viral social media videos, obstructing relief and development works following the recent flash floods in the region, particularly related to the shifting of a damaged health centre in Kencha, tehsil Khara, instigating youth and disturbing public order amid protests by government employees supporting DC Singh. In an earlier Facebook post, Malik claimed that government employees were coerced into supporting the DC under threat of suspension.
A government official while justifying Malik’s detention said that he has a history of “uncultured behaviour,” fights with officials, and issuing threats, including to doctors at Government Medical College Doda and “unsavory” comments on public figures.
The DC’s order said that, after examining reports and circumstances, it was felt that allowing Malik's activities to continue would pose a serious risk to law and order, especially in a sensitive, flood-hit region. It added that his detention was necessary “in the interest of maintaining public order and safeguarding law and order in the region.”
The PSA was introduced in J&K way back in 1978 by the National Conference government headed by Sheikh Muhammad Abdullah, initially to deal with timber smuggling and similar crimes, but it has been often used by the successive governments against their political opponents.
The PSA has been defined by Amnesty International as a 'lawless law' for its draconian nature. A 2018 UN report on Kashmir also called for revocation of this law.
While reacting to Malik’s detention, Chief Minister Omar Abdullah stated, “There is no justification for detaining Mehraj Malik under PSA. He’s not a threat to 'public safety,' and using this discredited law to detain him is wrong”. He added, “If the unelected government can use its powers against an elected representative like this, how can the people of J&K continue to have faith in democracy?”
AAP leader Arvind Kejriwal questioned, “Is asking for a hospital for your area such a big crime that a duly elected MLA is jailed for it?” In a post on ‘X’, he said, “Mehraj Malik is a lion of the Aam Aadmi Party. He will always fight for the people’s rights. Jail, threats, and conspiracies cannot scare any AAP soldier."
CPIM leader and lawmaker Mohammad Yousuf Tarigami in a statement said, “Slapping PSA on an elected member of the Legislative Assembly sets a very wrong precedent. Such a harsh and unjustified measure must be immediately revoked.”
Former Mayor of Srinagar Junaid Azim Mattu wrote on ‘X’, “I don’t condone the behaviour of MLA Doda Mehraj Malik. In fact, I have condemned it very strongly on multiple occasions. However, the use of the Public Safety Act (PSA) against an elected representative and a legislator is a red-flag. It is overkill and an abuse of power. I condemn it.”
Former minister and J&K Peoples’ Conference (JKPC) chairman, Sajad Gani Lone, who is also an MLA expressed strong condemnation over the move. In a post on ‘X’, Lone said: “We strongly condemn the use of the PSA against @MehrajMalikAAP . This is a soulless democracy”. He added, “The will of the people of J and K continues to be subservient. What is the fun of having elections if an elected representative cannot voice his sentiments. A very sad day for an already endangered democracy”.
PDP leader and MLA Waheed-ur-Rehman Para said such draconian laws are being used as a “weapon” to silence political voices and crush dissent. “Strongly condemn the use of PSA against MLA Mehraj Malik. Such draconian laws are weaponised to silence political voices & crush dissent. Such authoritarian measures are no way to resolve differences in a democracy”, he said in a post on ‘X’.
The AAP, in a statement issued here, termed Malik’s arrest as “unlawful”. It said that registering FIRs against him and detaining him under the PSA “is nothing but an attempt to suppress the voice of the people and silence genuine democratic and public concerns raised by our leader.” It asserted, “Such undemocratic actions reflect bureaucratic arrogance, which the people of Jammu and Kashmir will never accept.”
The statement further stated, “AAP J&K stands firmly with Mehraj Malik in this struggle. We call upon the administration to immediately withdraw the FIR, release him, and stop intimidating leaders who raise the voice of the poor and marginalized”.
However, the BJP endorsed Malik’s detention, describing it as an essential step to curb disruptive political behaviour. Party spokesperson Parimoksh Seth, in a statement issued in Jammu, asserted that Malik embodies "fragile elements" who employ "abusive and unparliamentary language" against officials and the public, undermining social harmony and public sentiment.
Seth criticised Malik for actions including using “derogatory remarks” against the female family members of the Doda DC, “prior misconduct” with a female doctor, and “offensive comments” targeting the Hindu community outside the J&K Assembly, deeming them "highly condemnable."
He argued that public representatives should focus on public welfare, not disruption. Seth further noted that the AAP inaction against Malik implies tacit approval from leaders like Kejriwal, stressing that enforcing the law is critical to maintaining public trust in governance.
Seth underscored that Malik’s behaviour threatens broader peace, justifying the PSA’s preventive application.
