AAP MLA Mehraj Malik Detained Under PSA in J&K

AAP MLA Mehraj Malik Detained Under PSA in Jammu and Kashmir

On September 8, 2025, Mehraj Malik, the lone Aam Aadmi Party (AAP) Member of the Legislative Assembly (MLA) in Jammu and Kashmir, was detained under the stringent Public Safety Act (PSA) in Doda district. This unprecedented move marks the first time a sitting MLA in the Union Territory has been booked under this administrative law, which allows detention without charge or trial for up to two years in certain cases. The detention has sparked widespread controversy, drawing sharp criticism from political leaders across parties, including Jammu and Kashmir Chief Minister Omar Abdullah, while the local Bharatiya Janata Party (BJP) unit has welcomed the action. This article delves into the details of Mehraj Malik’s detention, the reasons behind it, the political reactions, and the broader implications for democracy in Jammu and Kashmir.

Background of Mehraj Malik

Early Life and Political Journey

Mehraj Malik, a 37-year-old postgraduate from Jammu University, has emerged as a prominent political figure in the Chenab Valley, particularly in Doda district. Born in a region marked by challenging terrain and socio-economic issues, Malik joined the Aam Aadmi Party in 2013, a year after completing his postgraduate studies. His early political activism focused on grassroots issues such as access to drinking water, electricity, medical facilities, education infrastructure, and combating absenteeism in government offices. His efforts resonated with the local populace, establishing him as a vocal advocate for public welfare.

Electoral Success

Malik’s political career gained momentum when he won the District Development Council (DDC) elections from the Kahara constituency in Doda in December 2020, marking his first significant electoral victory. This win showcased his growing influence in the region. In the 2024 Jammu and Kashmir Assembly elections, Malik achieved a historic milestone for AAP by securing the Doda constituency, defeating his nearest rival, Gajay Singh Rana of the BJP, by a margin of over 4,538 votes. This victory marked AAP’s maiden entry into the Jammu and Kashmir Legislative Assembly, cementing Malik’s status as a rising political star.

Prior to his assembly win, Malik contested the 2024 Lok Sabha elections as an Independent candidate from the Udhampur parliamentary constituency. Despite facing formidable opponents, including Union Minister Jitendra Singh, he finished fourth, demonstrating his ability to compete in high-stakes elections. After his assembly election victory, Malik resigned from his DDC post to focus on his role as an MLA.

Controversial Persona

Malik has often been at the center of controversies due to his outspoken nature. In April 2025, during the first budget session of the Jammu and Kashmir Legislative Assembly, he clashed with BJP and Peoples Democratic Party (PDP) members over remarks allegedly targeting Hindus and PDP founder Mufti Mohammad Sayeed. Malik later clarified that his statement about Hindus was taken out of context. Additionally, he accused the BJP of remaining silent on the proliferation of liquor shops near places of worship in Jammu, further escalating tensions. An altercation outside the assembly led to Malik falling on a table, which broke, requiring intervention by the assembly’s Watch and Ward staff.

The Detention Under the Public Safety Act

Circumstances Leading to the Detention

On September 8, 2025, Mehraj Malik was detained by the police at Dak Bungalow in Doda while preparing to visit flood-affected areas in his constituency. The detention was ordered by Doda’s Deputy Commissioner, Harvinder Singh, under the provisions of the Jammu and Kashmir Public Safety Act, 1978. According to official statements, Malik’s activities were deemed “prejudicial to the maintenance of public order,” posing a “grave threat” to peace and tranquility in the district. Following his initial detention, a police dossier was prepared, and he was shifted to Bhaderwah district jail, with reports later indicating a transfer to Kathua jail.

The detention followed a series of events, including a public feud between Malik and Deputy Commissioner Harvinder Singh. On September 5, 2025, Malik livestreamed on his Facebook page, criticizing the district administration over the shifting of a damaged government health center to a private building. He allegedly used abusive and unparliamentary language against Singh, prompting widespread criticism from government employees and civil society. A day before his detention, Malik was booked under various sections of the Bharatiya Nyaya Sanhita (BNS) for charges related to theft of hospital equipment and obstructing public servants, following a complaint by the Block Medical Officer of Thathri.

Allegations Against Malik

The dossier prepared by the Doda police and Deputy Commissioner Harvinder Singh outlined multiple allegations against Malik. He was accused of spreading misinformation, glorifying terrorists, and using abusive language, including against women. The dossier claimed that Malik was a “habitual troublemaker” with a history of issuing threats and physically assaulting individuals, including government officials. It cited 18 First Information Reports (FIRs) and 16 daily diary reports registered against him at various police stations in Doda district. Authorities argued that his actions, particularly during a time of relief efforts for flood-affected areas, disrupted public order and hampered administrative operations.

The dossier further stated that Malik’s behavior had the potential to “alienate the youth from adopting legal means” and that he repeatedly positioned himself “above the law,” resorting to violence and instigation. The detention was justified as a necessary measure to balance individual liberty with community safety, especially given the recent heavy rains and flash floods in Doda that required focused administrative efforts.

Legal Framework of the PSA

The Jammu and Kashmir Public Safety Act, 1978, is a preventive detention law that allows authorities to detain individuals without charge or trial for up to two years if their activities are deemed a threat to public order or state security. The law has been controversial due to its potential for misuse, as it bypasses standard judicial processes. Malik’s detention under the PSA is particularly significant as it is the first instance of a sitting MLA being targeted under this law, raising questions about its application against elected representatives.

According to Rule 260 of the Rules of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, the Speaker must be informed of a legislator’s detention, but prior consent is not required for arrests in criminal or preventive detention cases. The Doda District Magistrate, Harvinder Singh, formally notified the Legislative Assembly Speaker about Malik’s detention, stating that it was based on “relevant materials, reports, and circumstances” that established the necessity of the action.

Political Reactions

Condemnation from Opposition and AAP

The detention of Mehraj Malik has elicited strong reactions from political leaders and parties, with many condemning it as an assault on democracy. Jammu and Kashmir Chief Minister Omar Abdullah was among the first to criticize the move, stating on X, “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. If the unelected government can use its powers against an elected representative like this, then how does anyone expect the people of J&K to continue to have faith in democracy?” Abdullah’s remarks highlight concerns about the erosion of democratic principles in the Union Territory.

AAP national convener Arvind Kejriwal also condemned the detention, describing Malik as the “lion of the Aam Aadmi Party” and asserting that the action would not deter him from advocating for public rights. In a post on X, Kejriwal questioned, “Is demanding a hospital for the people of your area such a grave crime that an elected MLA has to be thrown in jail for it?” He emphasized that neither jail, threats, nor conspiracies could silence AAP’s commitment to public service.

Opposition parties, including the Peoples Democratic Party (PDP), Peoples Conference, and Congress, echoed similar sentiments. PDP MLA Waheed Para called the use of PSA against Malik a “direct assault on democracy,” accusing authorities of weaponizing draconian laws to silence dissent. He urged Chief Minister Abdullah to intervene, warning, “Today it’s Mehraj, tomorrow it could be you.” Peoples Conference leader Sajad Lone described the detention as “yet another assault on the democratic fabric of Jammu and Kashmir,” arguing that it undermines the purpose of elections if elected representatives cannot voice their constituents’ concerns. Congress MLA G.A. Mir labeled the detention an “undemocratic act” that erodes faith in institutions.

Support from BJP and Sikh Organizations

In contrast, the Jammu and Kashmir unit of the BJP welcomed the detention, accusing Malik of being a “habitual troublemaker” who indulged in “abusive and unparliamentary language” against public officials and the general public. BJP spokesperson Parimoksh Seth specifically criticized Malik for targeting the female family members of Deputy Commissioner Harvinder Singh, calling his behavior “highly condemnable.” The party argued that such actions necessitated strict legal measures to maintain public confidence in the administration.

Various Sikh organizations in Jammu also protested against Malik’s alleged “uncouth and unacceptable remarks” against Harvinder Singh, a senior IAS officer known for his integrity and effective implementation of welfare schemes. These groups, along with government employees who staged protests at the Doda DC office, accused Malik of provoking unrest and disrespecting public servants.

Assembly Secretariat’s Clarification

The Jammu and Kashmir Legislative Assembly Secretariat issued a statement clarifying that it had not endorsed Malik’s detention, contrary to some media reports. It emphasized that its role was limited to informing assembly members about the detention, as required under Rule 260. The secretariat’s statement aimed to dispel misconceptions about its involvement in the decision-making process.

Implications for Democracy in Jammu and Kashmir

Erosion of Democratic Norms

The detention of a sitting MLA under the PSA has raised serious concerns about the state of democracy in Jammu and Kashmir, particularly in the post-Article 370 era. Critics argue that using a preventive detention law against an elected representative undermines the will of the people and stifles political dissent. The move comes at a time when the Union Territory is navigating a complex political landscape following the abrogation of Article 370 in 2019, which led to the detention of several prominent leaders, including former Chief Ministers Farooq Abdullah, Omar Abdullah, and Mehbooba Mufti, under the same law.

Sajad Lone’s remark that “the will of the people of J&K continues to be subservient” reflects a broader sentiment that elections in the region are rendered meaningless if elected representatives face such measures. The detention of Malik, who was actively engaging with flood-affected constituents, raises questions about the space for political expression and advocacy in Jammu and Kashmir.

Public Order vs. Individual Rights

The authorities’ justification for Malik’s detention—maintaining public order during a time of crisis—highlights the tension between individual rights and collective safety. The dossier’s claims about Malik’s behavior, including allegations of spreading misinformation and inciting youth, suggest that the administration viewed his actions as a significant threat. However, the lack of specific details about the charges and the use of a law that bypasses judicial oversight have fueled accusations of authoritarianism.

Impact on AAP’s Presence in J&K

Malik’s detention is a significant setback for AAP, which had celebrated his 2024 election victory as a breakthrough in Jammu and Kashmir. As the party’s J&K unit chief, Malik was instrumental in establishing AAP’s presence in a region dominated by traditional parties like the National Conference, PDP, and BJP. The detention could hamper AAP’s efforts to build on this momentum, especially if it discourages other leaders from engaging in outspoken advocacy. However, AAP’s strong defense of Malik, led by Kejriwal, indicates that the party intends to use this incident to rally support and highlight its commitment to public issues.

Malik’s Defense and Public Response

In a video posted on social media before his transfer to Bhaderwah jail, Malik claimed he was being prevented from meeting flood-affected constituents who were grappling with a lack of road connectivity, rations, and shelter. He accused Deputy Commissioner Harvinder Singh of orchestrating protests against him and booking his colleagues in false cases. Malik also denied allegations of communalizing issues, asserting that his objections were aimed at administrative failures rather than targeting any community.

The viral spread of videos showing Malik’s detention and his statements has sparked polarized reactions. Supporters view him as a champion of the people, unfairly targeted for raising legitimate concerns, while critics, including government employees and BJP supporters, accuse him of disruptive behavior and disrespecting public officials. The protests by government employees in Doda, who rallied in support of Harvinder Singh, underscore the local tensions surrounding Malik’s actions.

Broader Context: PSA and Political Detentions in J&K

The use of the PSA in Jammu and Kashmir has a contentious history, often criticized for its application against political figures and activists. The law’s broad provisions allow authorities significant discretion, raising concerns about its potential to suppress dissent. Malik’s detention follows a pattern of PSA invocations against political functionaries, including the prolonged detentions of former Chief Ministers after the abrogation of Article 370. The fact that Malik is the first sitting MLA to face this law amplifies its significance, prompting renewed debates about the balance between security and democratic rights.

Conclusion

The detention of AAP MLA Mehraj Malik under the Public Safety Act on September 8, 2025, is a pivotal moment in Jammu and Kashmir’s political landscape. As the first sitting MLA to be booked under this stringent law, Malik’s case has ignited a firestorm of criticism, with opposition leaders and AAP condemning it as an attack on democracy. The allegations against Malik, ranging from abusive language to disrupting public order, reflect the administration’s stance on maintaining stability in a crisis-hit region. However, the use of a preventive detention law against an elected representative raises profound questions about the state of democratic institutions in Jammu and Kashmir.

As the situation unfolds, Malik’s detention will likely continue to fuel debates about the balance between public order and individual freedoms, the role of elected representatives, and the future of political activism in the Union Territory. With AAP vowing to stand by its “lion,” and opposition parties rallying against the PSA’s application, the incident underscores the ongoing challenges of governance and democracy in Jammu and Kashmir.