The High Court of Jammu and Kashmir and Ladakh has quashed the Public Safety Act (PSA) 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 the detention order issued by the District Magistrate, Doda, and directed the authorities to release Malik forthwith from preventive detention in the case.
The High 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.
Mehraj Malik, 37, Member of the Legislative Assembly from Doda East, had been detained and lodged in District Jail Kathua on the allegation that his activities were prejudicial to the maintenance of public order. The detention was based on a police dossier citing 18 FIRs and 16 DDRs registered or recorded against him from 2014 to 2025, besides reports of the Executive Magistrate and other material.
