J&K HC Quashes PSA Case, AAP MLA Mehraj Malik Released from Kathua Jail

April 28, 2026

In a major legal development, the Jammu & Kashmir and Ladakh High Court have quashed the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the stringent Public Safety Act (PSA). The court ruled that the detention order was not legally sustainable and directed his immediate release from custody.

The decision came after Malik challenged his detention through a habeas corpus petition, arguing that his arrest violated legal norms and lacked sufficient grounds.

Released from Kathua Jail After Months

Following the court’s order, Malik was released from Kathua district jail on Tuesday morning after completing necessary legal formalities. He had been in custody since September 2025 after being booked under the PSA, a law that allows preventive detention without trial.

Supporters gathered outside the jail to welcome him, raising slogans and celebrating his release. His detention had drawn attention due to the rare use of the PSA against a sitting MLA.

Court Finds No Threat to Public Order

The High Court observed that the grounds cited for Malik’s detention did not meet the threshold required to invoke the PSA. It noted that the allegations, at best, pertained to “law and order” issues and did not justify preventive detention under laws meant for maintaining “public order.”

This observation played a crucial role in the court’s decision to quash the detention order, calling it legally unsustainable.

Background: Arrest Under PSA

Malik, the AAP MLA from Doda, was detained on September 8, 2025, on allegations that his activities were prejudicial to public order. He became one of the few elected representatives in Jammu and Kashmir to be booked under the PSA, sparking political debate and protests.

The PSA allows authorities to detain individuals for extended periods without formal charges, and its use in this case had raised questions among political observers and civil rights advocates.

Political Reactions and Significance

The court’s decision has been seen as a major relief for the AAP leadership. Party leaders welcomed the ruling, calling it a victory for justice and democratic rights.

Malik, after his release, expressed gratitude to the judiciary and said he would continue to raise public issues and serve the people.

With the detention order now quashed, Malik is free unless required in any other case. The ruling is likely to have wider implications on the use of preventive detention laws, especially against elected representatives.

The case also highlights ongoing debates around the application of the PSA in Jammu and Kashmir and the balance between security concerns and civil liberties.