AAP MLA Mehraj Malik detained under PSA

Jammu, Sep 8: Amid a swift turn of events, Aam Aadmi Party (AAP) MLA from Doda East, Mehraj Malik, was booked and detained by the Police under the Public Safety Act (PSA), for “activities being prejudicial to the maintenance of public order” on Monday.

Malik was detained by the Police at Dak Bungalow Doda when he (Malik), as per the video reel, purportedly posted on his behalf, was leaving to visit flood-affected people of his constituency. He was sent to Bhaderwah District Jail after the Police prepared a dossier against him.

In recent history, this was for the first time that a sitting MLA was arrested, invoking the draconian PSA, which allows detention, even up to two years, without charge or trial.

Since Malik is sitting MLA, District Magistrate Doda Harvinder Singh, in compliance with the rules, posted the Speaker of Legislative Assembly of UT of Jammu and Kashmir about the development pertaining to booking the legislator under PSA.

Following it, the Assembly Secretariat issued a bulletin sharing the intimation (verbatim), received from DM (Deputy Commissioner), Doda, for the information of Members (MLAs). The bulletin was issued under Rule 260 of the Assembly’s Rules of Procedure, which requires the Speaker to circulate intimation of any Member’s arrest, detention, or release.

However, the arrest of Malik evoked a sharp response from the legislators and politicians of different ilk (except for the BJP).

Even the assembly secretariat earned its criticism for what they alleged, “endorsing PSA against MLA”, the former (LA Secretariat), on the directions of the Speaker, was quick to issue an immediate official statement, clearing its (LA Secretariat’s) stance.

It was stated that the LA secretariat had not endorsed PSA, and it had no role whatsoever, in such a case, as per the rules but to just inform the Members of the House.

WHAT IS ROLE OF LEGISLATIVE ASSEMBLY SECRETARIAT?

In an official communique, the Jammu and Kashmir Assembly Secretariat took exception to reports in the media or social media about its role in this particular case.

“It has been highlighted or reported in some media reports, social media platforms, X (formerly Twitter) that the Jammu & Kashmir Legislative Assembly Secretariat has endorsed the slapping of provisions of Public Safety Act 1978 on Mehraj Malik, MLA (52-Doda Assembly Constituency) which is factually Incorrect and baseless as the Secretariat has no role in it,” the communique, issued by LA Secretariat, on the directions of the Speaker, read.

However, this Secretariat was under an obligation in terms of Rule 260 of the Rules of Procedure and Conduct of Business in Jammu and Kashmir Legislative Assembly to inform all the Members of Jammu and Kashmir Legislative Assembly about the arrest or detention of the Member, it was pointed out.

The Assembly Secretariat clarified that Rule 260 of Rules of Procedure and Conduct of Business in Jammu and Kashmir Legislative Assembly reads as – “As soon as may be, the Speaker shall, after he has received a communication referred to in Rule 258 or Rule 259 read it out in the House, if in Session or if the House is not in Session direct, that it may be published in the bulletin for the information of the Members.”

As per the Assembly Secretariat, its (Secretariat’s) role is confined strictly to informing members as per the rules. It does not pass, endorse, or question any executive or judicial order in this regard.

WHAT LA SECRETARIAT NOTIFIED

Prior to it, in its bulletin, the LA secretariat notified, “The intimation received from Harvinder Singh, IAS, District Magistrate, Doda under reference No 3571-73/DM/Doda dated September 8, 2025, is hereby published in terms of Rule 260 of the Rules of Procedure and Conduct of Business in the Jammu and Kashmir legislative Assembly, for information of Members.”

“That Mehraj Din Malik, Member of Legislative Assembly (Constituency Doda-52), has been booked under the provisions of the Jammu and Kashmir Public Safety Act, 1978, on grounds of his activities being prejudicial to the maintenance of public order. The said action has been taken after due consideration of all relevant materials, reports, and circumstances that clearly establish that the continuance of such activities by the Member posed a grave threat to peace, public order, and tranquility in the district. Preventive detention under the PSA was, therefore, found necessary in the interest of maintaining public order and safeguarding law and order in the region,” the Assembly Secretariat quoted the intimation received from DM Doda verbatim.

DM Doda, in his intimation to the Speaker, had stated that “in pursuance of the requirement to keep the Speaker of the Legislative Assembly informed, it is kindly submitted that Mehraj Din Malik, Member of Legislative Assembly (Constituency Doda-52), has been booked under the provisions of the Jammu and Kashmir Public Safety Act, 1978, on grounds of his activities being prejudicial to the maintenance of public order.”

“This intimation is being submitted for your kind information and record, as required,” DM Doda said in his official communique to the Speaker.

IS SPEAKER’S CONSENT MANDATORY FOR ARREST OF SITTING LEGISLATOR?

After Malik’s arrest, many questions were raised from different quarters, including whether the Speaker’s consent was mandatory before the arrest of a sitting legislator.

As per Rule 258 of the Rules of Procedure and conduct of Business in J&K Legislative assembly, criminal arrests or preventive detention of legislators do not need prior sanction of the Speaker; the authority must simply inform the Chair with details of the detention.

Rule 258 reads: “When a member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a Court or is detained under an executive order, the committing judge, magistrate or executive authority, as the case may be , shall immediately intimate such fact to the Speaker indicating the reasons for the arrest, detention or conviction, as the case may be, as also the place of detention or imprisonment of the member in the appropriate form set out in the Fourth Schedule. Provided that where the form set out in the Fourth Schedule is not readily available, such fact shall be intimated in any other appropriate form.”

In contrast, Rules 261 and 262 bar arrests or service of legal process within the Assembly precincts without permission, and civil proceedings during a session require prior approval.

WHAT TRIGGERED MALIK’S ARREST

Officials stated that the protest march by the government officials from various departments at the district headquarters town Doda, in support of Deputy Commissioner Doda, Harvinder Singh, and against alleged abusive remarks of the sitting MLA Doda against a senior IAS officer (DC Doda) on social media, became a trigger point for his (Malik’s) arrest. They alleged that the MLA was provoking his supporters against the “official machinery.”

Malik, however, in the reel prior to his arrest, accused the DC of “engineering protests” and warned that the people would come roads against this act of “stifling democracy and democratic voices. “I’ve objected to certain acts of DC which are being given communal colour by a few,” MLA alleged, as he could be seen protesting his detention by the Police. Following his arrest, AAP supporters protested at different places.

Meanwhile, various Sikh organisations in Jammu vehemently protested against what they alleged, “uncouth and unacceptable remarks” against senior IAS officer – DC Doda, who, they said, “is known for his integrity and commitment to public service.”

Earlier official sources stated that Doda Police had registered an FIR No 90/2025 under different sections of Bharatiya Nyaya Sanhita (BNS) against Malik and five others, invoking theft charges on a complaint of Block Medical Officer (BMO) Thathri at Police Station Gandoh.

Charges related to theft of hospital equipment and obstructing the public servants in the discharge of their functioning while shifting a health centre in Thathri.