The detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the Public Safety Act (PSA) sparked intense debate in the Jammu and Kashmir Assembly on Monday, October 27, 2025, with several legislators terming it “unjustified” and calling for an immediate revocation of the order.
The issue surfaced on the second day of the autumn session, following a subdued opening day devoted to obituary references.
National Conference (NC) MLA Sajjad Shaheen led the charge, urging Speaker to allow a one-hour discussion on Malik’s detention, while several opposition members joined the demand, accusing the administration of misusing the PSA.
Supporting the motion, NC legislator Nazir Ahmad Khan asserted that the Assembly’s authority is “supreme, even above the courts,” and that the House must discuss the reasons behind invoking the PSA against an elected representative.
However, BJP MLA R.S. Pathania defended the move, stating that “the imposition of the PSA falls within the jurisdiction of the District Magistrate (DM),” in this case, the Doda Deputy Commissioner. His remark drew strong reactions from opposition benches.
PDP MLA Waheed Parra expressed deep concern over what he described as the “erosion of democratic institutions” in Jammu and Kashmir, saying the detention of an MLA set “a dangerous precedent for democracy.”
“The institution of MLAs is being eroded,” Parra said, warning that silencing elected voices undermines the spirit of representation. “When an MLA can be detained under a preventive law, it sends a disturbing message about how far our democratic space has shrunk.”
Without directly naming the government, Parra accused authorities of narrowing the democratic space. He also touched upon the ongoing debate on reservations, clarifying that the PDP was not against the principle but questioned the fairness of its implementation. “We are not against reservation, but Kashmir has seen everything,” he said, adding that the same youth who once protested or picked up arms had now chosen ballots over bullets, yet “there is no visible change on the ground.”
The matter has also reached the Jammu and Kashmir and Ladakh High Court, which recently quashed the PSA detention of one of Malik’s aides, terming the grounds “vague and baseless.”
Mehraj Malik, the lone AAP MLA in the Jammu and Kashmir Assembly, was detained on September 8, 2025, under the PSA for allegedly disturbing public order in Doda. His detention came shortly after a public altercation with Doda Deputy Commissioner Harvinder Singh over the relocation of a local health sub-centre.
Several legislators, including NC’s Shaheen and PDP’s Parra, have since called Malik’s detention politically motivated, demanding his immediate release and the restoration of democratic norms in the Union Territory.
