J&K High Court lists detained AAP MLA’s plea for final hearing on November 20

The High Court of Jammu and Kashmir and Ladakh has listed a plea filed by detained Aam Aadmi Party (AAP) MLA Mehraj Malik for final consideration on November 20.

Malik, who also serves as the AAP’s Jammu and Kashmir unit president, was detained under the Public Safety Act (PSA) on September 8 for allegedly disturbing public order and has since been lodged in Kathua Jail. On September 24, he filed a habeas corpus petition, challenging his detention and seeking ?5 crore in compensation.

The petition was listed before Justice Rajneesh Oswal of the High Court at Jammu on Friday. During the hearing, senior advocate Rahul Pant, along with Advocates SS Ahmed, Appu Singh Slathia, M Tariq Mughal, and M. Zulkarnain Chowdhary, submitted that the government had not filed its reply till date. They argued that due to the government’s “lackadaisical approach,” an elected MLA continued to remain behind bars, adversely affecting the people of his constituency.

Appearing for the government, senior counsel Sunil Sethi, along with Senior Additional Advocate General Monika Kohli, informed the court that the government had filed its replies on Thursday. However, due to a defect in the affidavit, the replies were not yet on record. The counsels for the respondents handed over copies of the reply to the petitioner’s lawyers in open court.

The court directed the registry to place the government’s replies on record and instructed the government counsels to produce the relevant records on the next date of hearing. The matter has been listed for final consideration on November 20.

Malik was detained for allegedly engaging in activities deemed “prejudicial to the maintenance of public order.” He was booked under several legal provisions following a controversy in which he allegedly seized medicines and equipment from a government health centre. Later, in a video statement, Malik used unparliamentary language against Doda Deputy Commissioner Harvinder Singh, drawing widespread criticism from civil society.