The Jammu and Kashmir and Ladakh High Court on Monday reserved its verdict on a habeas corpus petition filed by Aam Aadmi Party MLA Mehraj Malik challenging his detention under the Public Safety Act (PSA).
Malik, who is also the president of the AAP’s Jammu and Kashmir unit, was detained on September 8 last year under the stringent preventive detention law on allegations of acting in a manner prejudicial to public order. Following his detention, he was lodged in Kathua jail.
On September 24, Malik moved the High Court through a habeas corpus petition questioning the legality of his detention. He has sought quashing of the detention order and also claimed compensation of ₹5 crore, alleging that his detention is unlawful.
The plea contends that the PSA order does not meet the legal requirements governing preventive detention and therefore violates his constitutional rights.
After hearing the parties, the High Court reserved its order on the petition. The court will decide whether the preventive detention order issued against the MLA is legally sustainable and whether any relief, including compensation, is warranted.
Malik continues to remain in custody at Kathua jail pending the court’s decision.
