Jammu & Kashmir High Court to Rule on Detained AAP Legislator's Fate
The Jammu & Kashmir and Ladakh High Court has scheduled a crucial hearing for November 20 in the habeas corpus petition filed by detained Aam Aadmi Party (AAP) legislator Mehraj Malik. The court will examine the legality of Malik's detention under the stringent Public Safety Act (PSA).
Detention and Legal Challenge
Mehraj Malik, who serves as AAP's Jammu & Kashmir unit president, was initially detained on September 8 under the PSA for allegedly disturbing public order. Since his detention, the MLA has been lodged in Kathua jail, awaiting legal recourse.
The legislator took legal action by filing a habeas corpus petition on September 24, challenging the validity of his detention. In his petition, Malik not only sought his immediate release but also claimed Rs 5 crore in compensation for what he termed as unlawful imprisonment.
Conflicting Submissions in Court
During court proceedings, Malik's legal counsel presented a strong argument, asserting that the government had failed to file its reply to the petition. The counsel emphasized that due to this lackadaisical approach by authorities, a sitting MLA remains behind bars without proper judicial review.
However, government counsel presented a contrasting version, stating that replies had indeed been submitted but couldn't be placed on record due to a technical defect in the affidavit. The petition came up for hearing before Justice Rajneesh Oswal, who will now examine the matter on November 20.
The case highlights ongoing tensions between political authorities and opposition figures in Jammu & Kashmir, with the court's upcoming decision expected to set significant precedents regarding detention laws and legislative immunity in the region.
