Kashmir Impulse Desk

Jammu, April 27 

The High Court of Jammu and Kashmir and Ladakh quashed the preventive detention of Mehraj Malik, a legislator from the Aam Aadmi Party, and ordered his immediate release, court documents showed on Monday.

Justice Muhammad Yousuf Wani set aside the detention order issued under the Jammu and Kashmir Public Safety Act by the District Magistrate of Doda, ruling that the grounds cited did not justify preventive detention.

Malik, 37, was detained in September 2025 and lodged in a jail in Kathua district on allegations of activities “prejudicial to the maintenance of public order,” according to officials.

Allowing a habeas corpus petition filed by the lawmaker, the court said the accusations fell within the ambit of ordinary law and order and could not be used to invoke stringent preventive detention provisions.

“Allegations which essentially fall within the realm of ordinary law and order cannot be stretched to justify preventive detention,” the court said, adding that such laws must be applied only in exceptional circumstances.

The court said that cases against Malik were already under investigation or trial and said there was insufficient basis to conclude he posed a threat to public order. 

It said that preventive detention cannot replace criminal prosecution.

Authorities had defended the detention, citing a police dossier listing multiple cases registered against Malik over more than a decade and alleging a tendency to disturb public order.

Malik had challenged the order as arbitrary and politically motivated, also seeking compensation for the alleged violation of his liberty.

Following arguments from both sides, the court quashed the detention order and directed authorities to release him “forthwith.”

Malik’s detention had triggered criticism from several political leaders in the region, with calls for his release raised in the local assembly.