Historic First in J&K: AAP’s Only MLA Mehraj Malik Detained for a Year Under Public Safety Act

Date: September 8, 2025

History was made in Jammu and Kashmir on Monday, September 8, 2025, when Mehraj Malik, the only MLA from the Aam Aadmi Party (AAP) in the Union Territory, was detained under the controversial Public Safety Act (PSA). Malik became the first ever sitting legislator in Jammu and Kashmir to be booked under this tough preventive detention law.

The police picked up Malik from Doda town. He was addressing reporters outside the Dak Bungalow when he was surrounded by police officers. They moved him inside the premises and placed him under detention. Soon after, the administration confirmed that he had been booked under PSA for one year. He was shifted to Bhaderwah sub-jail in Doda district.

Why Mehraj Malik Was Detained

Officials said Malik faced 18 First Information Reports (FIRs) and 16 daily diary entries with the police. These cases included accusations of disturbing public order, threatening officials, obstructing relief work, and even incidents of assault and abduction. The authorities argued that his activities posed a serious threat to peace in Doda, especially at a time when rescue and relief efforts were underway following heavy rains, floods, and landslides in the region.

The government believed that if Malik remained free, he could create law and order problems and hamper relief operations. This was the main reason cited for slapping the PSA on him.

What is the Public Safety Act?

The Public Safety Act, or PSA, is a law that was introduced in Jammu and Kashmir in 1978. It allows the government to detain people without trial if they are seen as a threat to public order or the security of the state. Detention can last up to one year for public order cases and up to two years for security-related cases.

Critics have long argued that PSA is draconian. It allows the state to hold someone without filing formal charges. The detainee does not have the right to a lawyer when their case is reviewed by the advisory board. Families often say the law is misused to silence political opponents and activists.

With Malik’s arrest, the debate over PSA has once again come into focus.

AAP’s First MLA in J&K

Mehraj Malik made headlines less than a year ago when he won the Doda constituency in the October 2024 assembly elections. He defeated his Bharatiya Janata Party (BJP) rival by a margin of 4,538 votes. This victory was significant because it gave the Aam Aadmi Party its first ever seat in Jammu and Kashmir.

Before becoming an MLA, Malik had served as a member of the Doda District Development Council. He was known as a young and outspoken leader who often challenged the administration on local issues. His rise in politics was seen as a sign of changing dynamics in Jammu and Kashmir’s political landscape.

Now, his sudden detention under PSA has shocked many of his supporters.

Political Reactions

The detention has triggered strong reactions across the political spectrum.

Apni Party leader Ghulam Hassan Mir said that the government should not have invoked PSA against a sitting legislator. “There are enough legal remedies through normal courts. Using PSA against an MLA sends a wrong message to the people,” he said.

Sajad Lone, chief of the Jammu and Kashmir Peoples Conference, also slammed the move. He said that such actions weaken democracy. “If an elected representative can be silenced like this, then what meaning do elections hold? This is a serious blow to democratic values,” he remarked.

Peoples Democratic Party (PDP) leader Waheed Parra called the detention authoritarian. He said the PSA has been used for decades to suppress dissent and that detaining an elected MLA shows how fragile democracy is in the Union Territory.

Leaders from other opposition parties also voiced concern, warning that such measures will only deepen mistrust among the people.

What Happens to Malik’s Assembly Seat?

Even though Malik has been detained, he still remains an MLA. Under the law, a legislator loses their seat only if they are convicted of a crime and sentenced to more than two years in prison. Since Malik is being held under preventive detention and has not been convicted, he will continue to be a member of the Jammu and Kashmir assembly.

However, his absence from the House will weaken AAP’s voice in the legislature, as he was their lone representative.

A Controversial First

The detention of Mehraj Malik has made history in Jammu and Kashmir. Never before has a sitting MLA been booked under the PSA. The decision has raised questions about the use of harsh laws against elected leaders and what it means for the future of democracy in the region.

For now, Malik will remain in Bhaderwah jail. His supporters say they will challenge the detention and fight for his release. The administration, on the other hand, insists that his detention is necessary to maintain peace and order in Doda.

As the debate continues, one thing is clear: Mehraj Malik’s arrest marks a turning point in J&K politics. It is not just a legal case, but also a test for democratic values in a region that has seen decades of political turmoil.