Detained AAP MLA moves High Court to seek permission for Assembly session, Rajya Sabha vote
Jammu: Jammu and Kashmir Aam Aadmi Party (AAP) president and MLA Mehraj Malik, detained under the Public Safety Act (PSA) last month, has approached the High Court of J&K and Ladakh seeking permission to attend the upcoming Assembly session and cast his vote in the Rajya Sabha elections.
The J&K Assembly session is set to begin on October 23, while the biennial elections for four vacant Rajya Sabha seats from the Union Territory—lying vacant since 2021—are scheduled for October 24.
Justice Sanjay Dhar, while admitting Malik’s application, directed the government to file its reply. The judge was hearing the main habeas corpus petition filed by Malik, who was detained on September 8 for allegedly disturbing public order and subsequently lodged in Kathua Jail.
Senior advocate Rahul Pant, along with advocates S S Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, M. Zulkarnain Chowdhary, and Joginder Singh Thakur, represented Malik and sought urgent permission for his participation in the Assembly session and voting in the Rajya Sabha elections. They also pointed out that the government has not yet filed its reply in the main petition.
Malik had earlier filed a habeas corpus petition on September 24, challenging his detention and seeking ₹5 crore in compensation. Justice Chatterji Koul had then issued notices to the Principal Secretary (Home Department), District Magistrate Doda, Senior Superintendent of Police, and the Superintendent of Kathua Jail, directing them to file their responses by October 14.
An AAP spokesperson said the application was of an “emergent nature” and urged the court to consider it promptly so that Malik could exercise his rights as a legislator.
Appearing for the J&K government, Senior Advocate Sunil Sethi and Senior Additional Advocate General Monika Kohli sought time to file replies in both the application and the main petition.
After hearing both sides, Justice Sanjay Dhar granted the government time to submit its reply to the application by or before October 18, and to the main petition by or before November 7, while directing that all records be produced on November 7 for further consideration.
