JAMMU: Jammu and Kashmir Aam Aadmi Party (AAP) president and MLA Mehraj Malik, who has been detained under the Public Safety Act (PSA), has approached the High Court of J&K and Ladakh seeking permission to participate in the upcoming Assembly session and to cast his vote in the Rajya Sabha elections scheduled later this month.
The Assembly session is set to commence on October 23, while the biennial elections for four vacant Rajya Sabha seats from the Union Territory are slated for October 24.
Justice Sanjay Dhar admitted Malik’s application and directed the J&K government to file its response. The matter was heard alongside the main habeas corpus petition filed by Malik, who was detained on September 8 for allegedly disturbing public order and is presently lodged in Kathua Jail.
Senior advocate Rahul Pant, assisted by advocates S.S. Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, M. Zulkarnain Chowdhary, and Joginder Singh Thakur, argued that the detained legislator should be allowed to exercise his constitutional right to attend the Assembly session and vote in the Rajya Sabha polls.
They further contended that the government had not filed its reply in the main petition despite earlier directions.
Malik had filed the habeas corpus petition on September 24, challenging his detention and seeking ₹5 crore compensation. Justice Chatterji Koul had then issued notices to the Principal Secretary (Home Department), District Magistrate Doda, Senior Superintendent of Police Doda, and the Superintendent of Kathua Jail, directing them to respond by October 14.
“It was humbly and vociferously submitted that the applications are of emergent nature and should be considered expeditiously so that the detenu can participate in the upcoming Assembly session and cast his vote for the Rajya Sabha election,” an AAP spokesperson said.
Appearing for the J&K government, Senior Advocate Sunil Sethi and Senior Additional Advocate General Monika Kohli sought more time to file their replies.
After hearing both sides, Justice Sanjay Dhar granted time to the government to file its reply to the application by October 18 and to the main petition by November 7, also directing that the record be produced on the next date of hearing.
