By Krishna Dua 
AAP MLA Mehraj Malik Detained Under PSA in J&K: A Detailed Overview
On September 8, 2025, Mehraj Malik, the lone Aam Aadmi Party (AAP) Member of the Legislative Assembly (MLA) from Doda, Jammu and Kashmir, was detained under the stringent Public Safety Act (PSA), marking a historic first for a sitting legislator in the Union Territory. This unprecedented action, ordered by Doda Deputy Commissioner Harvinder Singh, has sparked widespread controversy, drawing sharp criticism from political leaders like Chief Minister Omar Abdullah and AAP chief Arvind Kejriwal, while the Bharatiya Janata Party (BJP) has defended the move. Malik, accused of disturbing public order, faces detention without charge or trial for up to one year, with allegations ranging from abusive language to inciting unrest. This article provides a comprehensive, human-like narrative of the, covering the reasons for his detention, political reactions, Malik’s background, and its implications for Jammu and Kashmir’s democratic landscape, ensuring accurate information as of September 9, 2025.
Background of Mehraj Malik
Political Rise and Achievements
Mehraj Malik, a 37-year-old postgraduate from Jammu University, has emerged as a prominent political figure in the Chenab Valley. Joining AAP in 2013, he quickly gained traction by advocating for issues like drinking water, electricity, medical facilities, and education infrastructure. His grassroots activism led to his election as a District Development Council (DDC) member from Kahara, Doda, in 2020. In the 2024 Jammu and Kashmir Assembly elections, Malik secured a landmark victory, defeating BJP’s Gajay Singh Rana by 4,538 votes to win the Doda constituency, marking AAP’s first-ever assembly seat in the Union Territory. He also contested the 2024 Lok Sabha elections as an Independent in Udhampur, finishing fourth against Union Minister Jitendra Singh.
Controversial Persona
Malik’s political career has been marked by bold activism but also controversies. In April 2025, he clashed with BJP and Peoples Democratic Party (PDP) legislators in the J&K Assembly over remarks about liquor shops and PDP founder Mufti Mohammad Sayeed, leading to a physical altercation where he fell on a table. In May 2025, he faced backlash for threatening doctors at Doda’s Government Medical College, prompting a strike. In July 2025, he made personal comments about Education Minister Sakina Itoo, further fueling his reputation as a provocative figure. These incidents, coupled with 18 First Information Reports (FIRs) and 16 daily diary reports, form the basis for his PSA detention.
The Public Safety Act and Its Application
What is the PSA?
The Jammu and Kashmir Public Safety Act, 1978, is a preventive detention law allowing authorities to detain individuals without charge or trial for up to two years (one year for public order violations) if deemed a threat to state security or public order. Criticized as “draconian” by human rights groups, the PSA has been used against political figures, including former Chief Ministers Farooq Abdullah, Omar Abdullah, and Mehbooba Mufti post-Article 370 abrogation in 2019. Malik’s detention is the first instance of a sitting MLA being booked under this law, raising questions about its use against elected representatives.
Reasons for Malik’s Detention
According to Doda Deputy Commissioner Harvinder Singh, Malik was detained for activities “prejudicial to the maintenance of public order.” A police dossier alleges he:
-
Used abusive language against Singh, targeting his family, including female members, in a social media campaign.
-
Removed medical equipment from a government-run Ayushman Arogya Mandir in Kencha village, prompting a Bhartiya Nyaya Sanhita (BNS) case.
-
Incited unrest, hampering relief efforts for flood-affected areas in Doda, especially post-heavy rains and flash floods.
-
Engaged in repeated provocations, including physical assaults and threats against officials, posing a “grave threat” to peace and tranquility.
The dossier cites 18 FIRs and 16 daily diary reports, labeling Malik a “habitual troublemaker” who questions the law and alienates youth from legal means.
Circumstances Leading to Detention
Incident Timeline
On September 7, 2025, Malik allegedly used derogatory language against Deputy Commissioner Harvinder Singh in a video, agitated over unpaid rent to a villager by the health department. This sparked protests by government employees, who accused Malik of targeting senior officials, including doctors, and disrupting relief operations. On September 8, Malik was detained at Dak Bungalow in Doda while preparing to visit flood-affected areas. A police dossier was prepared, and he was shifted to Bhaderwah jail, later moved to Kathua jail for security reasons amid reports of planned protests by his supporters.
Malik’s Response
Before his transfer to jail, Malik shared a video on social media, claiming he was being prevented from aiding flood-affected constituents. “There are many areas in my constituency without road connectivity, ration, and shelter after their homes were damaged, but I am being detained here,” he said. He framed his detention as a consequence of fighting for people’s rights, particularly demanding a hospital for Doda, a stance echoed by AAP leaders.
Political Reactions to the Detention
Opposition Condemnation
The detention has drawn sharp criticism from opposition parties and leaders, who view it as an assault on democracy:
-
Omar Abdullah (National Conference): The Chief Minister called the PSA a “discredited law” and argued Malik is not a threat to public safety. He questioned how an unelected government could use such powers against an elected MLA, undermining public faith in democracy.
-
Arvind Kejriwal (AAP): The AAP national convener labeled Malik the “lion of AAP,” asserting that demanding a hospital is not a crime warranting jail. He vowed Malik would continue advocating for people’s rights, undeterred by “jail, threats, and conspiracies.”
-
Waheed Para (PDP): The PDP MLA condemned the PSA as a tool to silence dissent, calling its use against Malik a “direct assault on democracy.” He urged Chief Minister Abdullah to intervene and criticized the J&K Assembly Secretariat for issuing a mere statement.
-
Sajad Lone (People’s Conference): Describing the detention as a “soulless democracy,” Lone questioned the purpose of elections if elected representatives cannot voice sentiments, warning of a deepening credibility crisis.
-
G.A. Mir (Congress): The Congress Legislature Party Leader called the detention “undemocratic,” undermining the people’s will and institutional trust, demanding Malik’s immediate release.
-
Salman Sagar (National Conference): The Hazratbal MLA labeled the PSA’s use a “dangerous precedent” post-2019, stifling free speech and political voices.
BJP’s Defense
The J&K unit of the BJP welcomed the detention, labeling Malik a “repeat offender” who crossed decency lines. Spokesperson Parimoksh Seth accused Malik of using abusive language, targeting communities, and misbehaving with officials, including a female doctor. The BJP argued that being an MLA does not exempt one from legal accountability, justifying the PSA’s invocation to maintain public order.
Assembly Secretariat Clarification
On September 9, 2025, the J&K Legislative Assembly Secretariat clarified it did not endorse Malik’s detention, refuting media claims. It stated its obligation under Rule 260 to inform MLAs of the detention, emphasizing no role in the PSA’s application.
Implications for Democracy in J&K
Erosion of Trust
The detention of a sitting MLA under the PSA, a law allowing prolonged detention without trial, raises concerns about democratic erosion in J&K. Critics argue that targeting elected representatives stifles dissent and weakens the mandate of the 2024 assembly elections, the first since Article 370’s abrogation. Omar Abdullah’s statement highlights the risk to public faith in democracy when unelected authorities wield such powers.
Precedent for Political Detentions
Malik’s case sets a historic precedent as the first sitting MLA detained under the PSA, following its use against former CMs in 2019. The move could embolden authorities to target other vocal legislators, especially in a Union Territory where the Lieutenant Governor holds significant power over police and administrative functions.
Impact on AAP’s Presence
As AAP’s sole MLA in J&K, Malik’s detention could hinder the party’s fledgling growth in the region. However, Kejriwal’s vocal support and Malik’s framing as a people’s advocate may galvanize AAP’s base, positioning Malik as a martyr for public causes like healthcare access.
Community and Public Response
Protests and Support
Malik’s detention sparked protests by government employees supporting Deputy Commissioner Harvinder Singh, who accused Malik of derogatory campaigns. Conversely, Malik’s supporters planned demonstrations, prompting his transfer to Kathua jail for security. Social media, particularly X, saw polarized reactions, with posts from @AamAadmiParty and @OmarAbdullah amplifying the narrative of democratic suppression, while BJP supporters justified the action as necessary for order.
Broader Context
The detention occurs amid ongoing flood relief efforts in Doda, where heavy rains and landslides have displaced residents. Malik’s claim of being detained to prevent aid distribution resonates with locals facing connectivity and ration shortages, fueling sympathy for his cause.
Legal and Procedural Insights
PSA’s Legal Framework
The PSA allows detention based on a police dossier, reviewed by the District Magistrate (in this case, Harvinder Singh). The J&K Assembly Speaker, Abdul Rahim Rather, was informed of Malik’s detention, as required, but consent is not mandatory for criminal matters. The law’s lack of judicial oversight until after detention has drawn criticism for enabling misuse against political figures.
Potential Challenges
Malik could challenge his detention in the J&K High Court, as seen in past PSA cases, though success rates are low due to the law’s broad provisions. AAP’s legal team, potentially backed by Kejriwal, may pursue this route, framing it as a fight against authoritarianism.
Conclusion
The detention of AAP MLA Mehraj Malik under the Public Safety Act on September 8, 2025, marks a significant and controversial moment in Jammu and Kashmir’s political landscape. As the first sitting MLA detained under this law, Malik’s case has ignited debates about democracy, dissent, and the use of preventive detention against elected representatives. Accused of disturbing public order through abusive language and incitement, Malik’s detention in Bhaderwah and later Kathua jail has drawn condemnation from Omar Abdullah, Arvind Kejriwal, and opposition parties, who see it as an attack on democratic principles. The BJP’s defense underscores Malik’s controversial history, citing his repeated provocations. With 18 FIRs and a dossier alleging threats to peace, the case highlights tensions between governance and activism in J&K. As the region grapples with post-flood challenges, Malik’s detention could reshape political dynamics, testing the resilience of democratic institutions in the Union Territory.