MLA Doda Mehraj detained, 2nd sitting Legislator arrested under PSA

Prof Bhim Singh was the first serving MLA who was detained under PSA in 1985

Admin justifies detention to Speaker, cites public order concerns

Jammu Tawi, Sep 8: Aam Aadmi Party (AAP) MLA from Doda, Mehraj Malik, was arrested on Monday and booked under the Public Safety Act (PSA), the second instance of a sitting legislator in Jammu & Kashmir being detained under the law. The first sitting Legisl ator ever arrested under PSA in Jammu Kashmir was Prof. Bhim Singh who was arrested on his way to attend the Legislative session in 1985.

The J&K Public Safety Act, 1978 was introduced in Jammu Kashmir by Sheikh Mohammad Abdullah government with an objective at inception primarily to curb timber smuggling and maintain public order; later widened to include state security concerns. Initially, it used to have invoked against smugglers, separatists and protesters, but later it has been frequently being used against the mainstream politicians and other prominent people.

Interestingly, most of the mainstream leaders have served various terms of detention under PSA from time to time prominent among Farooq Abdullah, Omar Abdullah, Mehbooba Mufti Shah Faisal and others besides all prominent separatist leaders.

The social media is abuzz with mix reactions over the incident. While violent, abusive and coercive conduct of the AAP Legislator is being condemned, many voices were found criticising the government action his detention.

Mehraj Malik, who defeated BJP’s Gajay Singh Rana in last year’s Assembly elections, had initially extended support to Omar Abdullah during government formation. His detention was formally intimated to the Legislative Assembly Speaker by District Magistrate Doda, Harvinder Singh, citing activities “prejudicial to the maintenance of public order.” The order noted that Malik’s continuance posed a “grave threat” to peace and stability in the district.

The government said preventive detention under the PSA was necessary for safeguarding law and order.

The arrest has triggered sharp criticism across party lines. Chief Minister Omar Abdullah termed the detention “unjustified,” saying, “There is no justification for detaining Mehraj Malik under PSA. If an unelected government can act against an elected representative, how can people continue to have faith in democracy?”

AAP Chief Arvind Kejriwal called it an attempt to crush political voices. “Is it a crime to demand a hospital for one’s constituency? Jail or threats cannot deter committed members like Mehraj Malik,” he said.

People’s Conference President Sajad Lone described it as “a soulless democracy,” while PDP leader Waheed Parra said PSA was being weaponries to silence dissent. NC’s Ruhullah Mehdi argued the law, meant for grave security threats, was being misused as a tool of suppression. “We condemn Mehraj Malik’s abusive language, but this is not justice; it is repression,” he added.

NC legislator Salman Ali Sagar called the move a “dangerous precedent,” warning it stifled free speech. Awami Ittehad Party’s Sheikh Khursheed urged the Lieutenant Governor to revoke the detention and demanded an all-party meeting. “This is not just against Mehraj Malik but against the people of Doda who elected him,” he said.

Leaders questioned whether such harsh measures are selectively applied in J&K alone. Many argued that any objectionable remarks by Malik should have been addressed through judicial or parliamentary processes rather than “draconian” laws.