Early Times Report
Jammu, Apr 27: In a major legal setback to the administration, the High Court of Jammu & Kashmir and Ladakh has quashed the Public Safety Act detention of Doda East MLA Mehraj Din Malik, ruling that allegations which essentially fall within the realm of ordinary law and order cannot be stretched to justify preventive detention under the garb of “public order”.
Justice Mohd Yousuf Wani, while allowing the habeas corpus petition, set aside detention order No. PSA-05 of 2025 dated 08.09.2025, issued by the District Magistrate, Doda, and directed the authorities to release Malik forthwith from preventive detention in the case.
The Court observed that there is a clear distinction between “law and order” and “public order”, holding that every breach of law does not automatically become a ground for detention under preventive laws. Referring to the settled position of law, the Court said preventive detention curtails the most precious right of liberty and must be invoked only in genuine and inevitable circumstances.
Malik, 37, Member of Legislative Assembly from Doda East, had been detained and lodged in District Jail Kathua on the allegation that his activities were prejudicial to maintenance of public order. The detention was based on a police dossier citing 18 FIRs and 16 DDRs registered/recorded against him from 2014 to 2025, besides reports of the Executive Magistrate and other material.
The petitioner challenged the detention through his father Shamas Din, alleging that the PSA order was arbitrary, politically motivated and an abuse of preventive detention powers. It was argued that most of the allegations were already subject matter of criminal proceedings and that ordinary law was sufficient to deal with them.
The Court held that the allegations against Malik were presently under investigation or trial before competent authorities/courts and there was no sufficient apprehension to show that he was likely to act in a manner prejudicial to public order. It further underlined that preventive detention is not a substitute for criminal prosecution.
The respondents, however, defended the detention, contending that Malik’s conduct had the tendency to disturb public order and that the order had been passed after considering the police dossier, Executive Magistrate’s report and other inputs.
After hearing both sides, the Court allowed the petition, quashed the PSA detention order and directed Malik’s immediate release, if not required in any other case. The Court also ordered return of the detention record to the office of the Senior AAG along with the confidential report and pen drive.
Senior Advocate Rahul Pant, assisted by Muzaffar Iqbal Khan, S S Ahmed, Appu Singh Salathia, Tariq Mougal and Zulkarnain Chowdhary appearing for the petitioner whereas Senior AAG Monika Kohli and Senior Advocate Sunil Sethi appearing for the UT. (JNF) |