J&K’s only MLA to have been detained under Public Safety Act(PSA) is finally free now on Tuesday (April 28, 2026) as J&K High Court quashed his PSA detention.
Setting aside the detention order issued by the Doda district magistrate against Mr. Malik on September 8 last year, Justice Mohd Yousuf Wani directed authorities to “release the petitioner-detenu forthwith from his preventive detention”.
Mr. Mehraj Malik said that now that he had been released, he would continue to raise and talk about the issues of the people.
The High Court, while quashing his detention, had observed that allegations falling within the realm of ordinary law and order cannot be stretched to justify preventive detention under the garb of “public order”.
The High Court of Jammu and Kashmir and Ladakh further stated that the order was legally unsustainable and based on “non-application of mind”.
“I am now out of jail. I thank the judiciary for justice to me. I will continue to raise the issues and talk about people,” he told reporters.
Mr. Malik, who is the AAP’s Jammu and Kashmir unit president, was detained under the PSA in September for allegedly disturbing public order and was subsequently lodged in Kathua jail.
On September 24, he filed a habeas corpus petition in the High Court, challenging his detention and seeking ₹5 crore as compensation.
On February 23, the High Court had reserved its order in the case.
The Judiciary noted that the alleged activities of the detenu did not amount to “public disorder” and held that there was “no live link or proximity between the alleged criminal activities and the need for passing of the impugned detention order”.
On the nature of cases cited against Malik, the court said they largely pertained to routine law and order issues, including election-related matters, adding that “almost all the criminal cases pertain to normal law and order violations not justifying the detention under PSA”.
J&K chief minister Omar Abdullah and CPI(M) leader M Y Tarigami highlighted the misuse of the stringent PSA that allows detention without charge or trial for up to two years in some cases, while Malik’s supporters took to streets in his home constituency in Doda to welcome the ruling.
Mehraj Malik’s addresses to the people
The MLA said he had gone to jail while fighting for the rights of the people. “I went to jail for this struggle. It was for the people, and it will continue,”.
Calling for greater participation of young people in public life, Mr. Malik urged youth to step into politics. “I am alone right now. I want youth to join politics. Only politics can change the fate of the people and this country,” he said.
Responding to questions, Mr. Malik said he has always been committed to serving people. “Working for humanity is both my passion and my duty. Every religion teaches us to serve humanity, and people must move away from politics based on religion,” he said.
“If an official or administrator performs well, people appreciate them irrespective of religion. A person’s identity is defined by their character, not their faith,” he further added.
Apologizing to his supporters for the hardships they faced during his imprisonment, Malik said that struggle is inevitable for change. “Many people feel that if I had acted differently, I wouldn’t have gone to jail. If not today, then someone else would have to raise their voice in the future,” he said.
Reaffirming his commitment, Mr. Malik said his purpose remains unchanged even after his release. “Our intentions were right then and remain the same now. This is about understanding society and working for its betterment,” he noted.
The MLA also urged people to remain patient and assured that he would soon resume public outreach after consulting his team. “There is no need for haste; we will plan properly and engage with people across the region,” he said.
Mr. Malik said that despite campaigns like “drug-free initiatives,” the real issue affecting the youth is unemployment.
The MLA said that he had hoped for reforms after entering the assembly but found a lack of concrete policies among those in power. “If those making policies themselves lack vision, how will society progress?” he questioned.
Mr. Malik also called on the “educated and capable” sections of society to step out and contribute to public life. “When a common man tries to enter politics and work for the people, he is often sidelined or labelled. This mindset needs to change,” he added.
Referring to his eight-month jail term, Malik claimed that no significant improvements had taken place in governance, education, or public institutions during that period. “You can imprison a person, but not his thoughts. This is a fight for humanity and justice,” he concluded.
Following the court ruling, Kejriwal took to X and criticised PM Modi and blamed him for giving “illegal orders”. “Wo galti se PM ban gaye. Unko thanedar hona chahiye tha. (He became PM by mistake. He should have been a jail officer),” Kejriwal wrote on X.
