AAP MLA Malik challenges PSA detention; HC seeks response for J-K govt, Doda DM within 3 weeks

Jammu, Sep 24 (PTI) Jammu and Kashmir Aam Aadmi Party (AAP) president and MLA Mehraj Malik on Wednesday filed a habeas corpus petition in the high court here, challenging his detention under Public Safety Act (PSA) early this month, and has claimed Rs five crore compensation.

Admitting the petition, Justice Chatterji Koul issued notices to the Principal Secretary, Home Department of J-K government, Doda's district magistrate and senior superintendent of police and the superintendent of Kathua district jail to file their response by October 14, the next date of hearing.

The notices were accepted in the open court by Senior Additional Advocate General Monika Kohli, representing the government, after the judge heard Malik’s legal team led by senior advocate Rahul Pant.

Malik was detained under PSA on September 8 from his Doda constituency for allegedly disturbing public order in Doda district and was subsequently lodged in Kathua jail.

It was the first time that a sitting MLA had been taken into custody under the PSA, an administrative law that allows detention without charge or trial for up to two years in some cases. His arrest had sparked protests in Doda and had drawn criticism from various parties in Jammu and Kashmir.

When this matter came up for hearing, Pant, appearing for detenue Malik, submitted that the shortest possible time be granted to the respondents to file their reply, looking into the urgency involved in the matter as the detenue is an elected representative who is presently detained and is required by the public for carrying out various activities attached to his office.

Malik, in the petition, cited several grounds to challenge the preventive detention order issued by the district magistrate of Doda, including the alleged personal bias of the official, Malik's legal team, which also comprised advocates S S Ahmed, Appu Singh Slathia, M Zulkarnain Chowdhary and Joginder Singh Thakur, said in a statement.

It said the detenue has also claimed Rs five crore compensation from the respondents for curtailing his personal liberty. PTI TAS RT