HC seeks govt objections in MLA Malik's plea to attend Assembly, vote in RS Polls
15/10/2025
JAMMU, Oct 14: The High Court of Jammu & Kashmir and Ladakh on Tuesday took up fresh proceedings in the preventive detention case of Doda (East) MLA Mehraj Malik, who continues to remain under custody following his detention under the J&K Public Safety Act (PSA), 1978 on September 8, 2025, through Detention Order No. 05 of 2025 issued by the District Magistrate, Doda.
At today's hearing before Justice Sanjay Dhar, Advocate Sheikh Shakeel Ahmed filed an application praying for interim relief. The application specifically sought directions to allow the sitting MLA to participate in the ongoing Assembly session and represent his constituency, and cast his vote in the forthcoming Rajya Sabha elections. It was argued that preventing Malik from discharging his functions as a legislator would not only violate his constitutional rights but also deprive the people of Doda East of effective representation in the legislature.
On behalf of the Union Territory administration, Senior Advocate Sunil Sethi appeared and requested additional time to file objections to the fresh application. After hearing both sides, Justice Sanjay Dhar ordered the UT Government to submit its objections and directed that the application be listed again on Saturday.
Justice Sanjay Dhar further clarified that the main Habeas Corpus petition-challenging Malik's PSA detention-will be heard on November 7, 2025, by which date the UT administration must file its detailed response.
The habeas corpus petition, filed by Malik challenges the very legality of the detention order. It alleges personal bias on the part of the District Magistrate and seeks not only the quashment of the PSA order but also Rs 5 crore in compensation for violation of personal liberty.
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