The arrest of Aam Aadmi Party (AAP) MLA Mehraj Malik on September 8, under the controversial Public Safety Act (PSA), marks a new threshold in the use of the controversial law in Jammu and Kashmir. Malik’s arrest makes him the first elected representative to be booked under the law.
By jailing an elected representative under PSA, the government has once again placed the controversial law at the centre of Kashmir’s political discourse, raising questions about dissent and democracy in Jammu and Kashmir.
There is no justification for detaining Mehraj Malik under PSA. He’s not a threat to “public safety” & using this discredited law to detain him is wrong. If the unelected government can use its powers against an elected representative like this then how does anyone expect the… https://t.co/W04Xe63vth
— Omar Abdullah (@OmarAbdullah) September 8, 2025
The law was enacted in 1978 against timber smuggling. However, governments over the years have used it against opposition, opponents, separatists and journalists. Successive governments, especially the National Conference (NC) and People’s Democratic Party (PDP), have failed to come good on the pledge to abolish the law.
The AAP MLA’s style of work has often landed him in controversy, ever since he shifted from social work to politics and joined AAP in 2013.
After losing the 2014 assembly elections, he won the District Development Council elections in 2020. In the 2024 assembly elections, the first in ten years in Jammu and Kashmir, he defeated the Bharatiya Janata Party candidate from Doda East.
His rise, however, was accompanied by frequent confrontations with political rivals and government officials. His remarks that “Hindus get drunk during festivals” led to a scuffle between him and BJP MLAs in the Assembly in April this year.
He was also confronted by People's Democratic Party MLAs and workers for criticising PDP founder Mufti Mohammad Sayeed in the Jammu and Kashmir Assembly.
What precipitated his arrest were his videos of making demeaning remarks about Deputy Commissioner Doda Harvinder Singh. The incident prompted protests by government employees supporting Singh. Malik is also accused of provoking youth in Doda against the administration.
Malik reportedly abused Singh after the administration rejected the site he was supporting for relocating a wellness centre in Kencha village, Thathri block in Doda. The district health authorities had already approved a building after inspections and committee reviews, but Malik opposed this choice, alleging corruption and favouritism. He instead pushed for another site, which was turned down for not meeting the required criteria.
Frustrated with the decision and claiming bias, the MLA clashed with officials and allegedly used abusive language against Singh, escalating the controversy. He was arrested while preparing to tour the flood-hit village of Bhaderwah on the orders of Singh, along with some of his associates. Singh has cited police dossiers charging Malik with disturbing public order.
Malik released a video in detention claiming he was being stopped from meeting flood victims. He accused the administration of orchestrating protests against him and trying to give his objections a communal colour.
“Many villages are without road connectivity, ration and shelter after the floods, but I am being detained instead of helping them,” he said.
The slapping of PSA on him has evoked sharp reactions from political leaders. Chief Minister Omar Abdullah said any mistake by Malik could have been addressed in the assembly, and there was no need to book him under the PSA. “This is unjust and would undermine trust in democracy,” Abdullah said.
PDP MLA from Pulwama, Waheed-ur-Rehman Para, said such draconian laws are being used as a “weapon” to silence political voices and crush dissent. Sajad Gani Lone of People's Conference said the people of Jammu and Kashmir continue to be subservient. “What is the point of elections if an elected representative cannot voice his views? A very sad day for an already endangered democracy,” he added.
Arvind Kejriwal and Manish Sisodia, two senior AAP leaders, have branded the move a sign of “dictatorship.”
