J&K’s sole AAP MLA Mehraj Malik detained under PSA, sparks outrage
Jammu and Kashmir’s only Aam Aadmi Party MLA from Doda, Mehraj Malik, was arrested on Monday for allegedly disturbing public order under the strict Public Safety Act for one year.
“This action was taken after careful consideration of all relevant materials, reports, and circumstances, which clearly showed that the continued activities of the Hon’ble Member posed a serious threat to peace, public order, and tranquillity in the district,” states the Assembly Secretariat bulletin, citing a communication from Harvinder Singh, IAS, District Magistrate of Doda.
The PSA permits authorities to place an individual under preventive detention without trial if they believe their freedom could disrupt public order, peace, or the security of the state. Malik has been moved to Bhaderwah Jail, officials confirmed.
Officials stated Malik has been named in 18 FIRs and 16 daily diary reports across police stations within Doda district. He is accused of repeatedly disturbing public order, even during the relief efforts following heavy rains and flash floods.
Allegations against him include attacking government officials on duty, locking them inside offices, abusing and intimidating them publicly, and even kidnapping.
Meanwhile, many users pointed out that BJP MLAs, despite engaging in similar conduct such as using abusive language, disrupting public order, or inciting unrest, have escaped legal action like the PSA.
Recently, a video surfaced allegedly showing Malik verbally abusing Doda Deputy Commissioner Harvinder Singh over the relocation of a health sub-centre.
Malik claimed his recommendation in the matter was ignored, while the DC alleged Malik wanted the facility moved into a building illegally constructed on state land by one of Malik’s supporters, with rent paid by the government.
In May, Malik faced another FIR after a woman doctor at Doda Government Medical College accused him of using “abusive, gendered, and derogatory remarks” against her, including threats on social media.
Earlier, during the first budget session of the J&K Legislative Assembly, he clashed with BJP legislators, accusing them of remaining silent on the proliferation of liquor shops in Jammu.
However, the PSA will not affect his membership in the J&K Legislative Assembly, as he has not been convicted in any of the cases registered so far.
The detention has sparked widespread outrage among political leaders across Jammu and Kashmir.
Calling Mehraj Malik “the lion of the Aam Aadmi Party,” AAP chief Arvind Kejriwal questioned, “Is demanding a hospital for the people of your area such a serious crime that an elected MLA has to be thrown in jail for it?”
“He will always remain the voice of the people, fighting for their rights. Jail, threats, and conspiracies… none of these can ever scare any soldier of AAP,” he asserted. https://x.com/ArvindKejriwal/status/1965029185757569338
Chief Minister Omar Abdullah strongly condemned the move, calling it “unjustified.”
“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,” he said, questioning, “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?” https://x.com/OmarAbdullah/status/1965051174773793192
AIMIM chief Asaduddin Owaisi also condemned the arrest, emphasising that “every past and present government has misused the PSA against its opponents. Currently, the Union government has detained 400 people under this law.”
Reacting to this, People’s Conference chief Sajad Lone reminded that the use of the PSA was not new in Jammu and Kashmir. “For the sake of information, till date up to 25,000 Kashmiris have been detained under PSA since it was ‘invented’ as a law in 1978 by Sheikh Sahib,” he said.
Lone added that MLAs had been “routinely detained under the PSA,” recalling, “My father was detained multiple times under the PSA as a sitting MLA. So were many other MLAs.”
Calling it a "Sad day for an endangered democracy,” he said, “Disagreeing with Mehraj Malik sb - MLA Doda’s behaviour is one thing, but jailing him is undemocratic, excessive & an affront to people’s mandate. This calls for dialogue, not punishment.”
PDP MLA Waheed Para strongly criticised the move, terming it a “shameful surrender.”
“Assembly Secretariat endorsing PSA against an elected MLA is a direct assault on democracy. J&K CM @OmarAbdullah must act, don’t allow the institution of the MLA, the last agency of the people, to be silenced,” he said.
Malik, 36, who holds a postgraduate degree from Jammu, entered politics as a member of the Doda District Development Council from Kahara in 2020 and later resigned after winning the 2024 Assembly elections from Doda, defeating BJP’s Gajay Singh by 4,538 votes.
His victory marked the AAP's first entry into the Jammu and Kashmir Legislative Assembly. He also contested the 2024 Lok Sabha elections as an Independent from Udhampur, but finished fourth, with Union Minister Dr Jitendra Singh emerging victorious.
Malik has been with the AAP since 2013 and was appointed co-chairman of the party’s state coordination committee in 2022.
According to his affidavit submitted to the Election Commission, he already faced several FIRs between 2021 and 2024 on charges ranging from criminal intimidation and trespass to promoting enmity between groups.
Despite his controversial record, Malik has also gained a reputation for raising local issues, including water supply, electricity, healthcare, education, and absenteeism in government offices.
