The recent visuals of Aam Aadmi Party (AAP) MLA Mehraj Malik from Doda being handcuffed have ignited widespread condemnation as a grave violation of constitutional safeguards and potential contempt of court, amid his ongoing habeas corpus challenge to detention under the Public Safety Act (PSA), as reported by Tahir Rihat.
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Visuals of handcuffed AAP MLA Mehraj Malik from Doda raise alarms on constitutional safeguards and court contempt in Jammu Kashmir. |
On December 10, 2025, disturbing images surfaced showing the detained AAP MLA Mehraj Malik in handcuffs during transit or court proceedings, prompting accusations of executive overreach. Critics, including political leaders and legal experts, described the act as shocking and unacceptable, arguing it undermines Article 22 protections against arbitrary detention and flouts judicial directives on the dignified treatment of elected representatives. According to details compiled by Tahir Rihat, the visuals have amplified concerns in Jammu and Kashmir’s fragile political landscape, where preventive laws like the PSA continue to face scrutiny.
Malik, AAP’s lone MLA in the Jammu and Kashmir Legislative Assembly and the party’s J&K unit president, was arrested on September 8, 2025, under the PSA by Dodas Deputy Commissioner Harvinder Singh. Authorities cited his alleged disturbance of public order, including threats to officials and incitement during flood relief operations in the Chenab Valley, supported by 18 FIRs and 16 daily diary reports. This marks the first instance of a sitting legislator detained under the PSA since its 1978 enactment, sparking protests in Doda and restrictions like internet shutdowns. Malik was initially lodged in Kathua Jail before transfer to Bhaderwah.
Malik filed a habeas corpus petition (HCP No. 139/2025) on September 24, challenging the detention as biased and unlawful, while seeking ₹5 crore in compensation for rights violations. The High Court of Jammu and Kashmir and Ladakh, under Justice Vinod Chatterji Koul, issued notices to officials including the Home Secretary, Doda District Magistrate, and SSP. The case, later transferred to Justice Muhammad Yousaf Wani, saw arguments conclude on December 4, with final hearing set for December 18. Malik’s legal team, led by senior advocate Rahul Pant alongside S.S. Ahmed, Appu Singh Slathia, M. Zulkarnain Chowdhary, and others, contends the PSA invocation lacks substantiation and infringes on legislative privileges.
AAP national convener Arvind Kejriwal termed Malik the “lion of AAP,” vowing legal support, while National Conference leader Omar Abdullah called the detention an “assault on democracy.” Congress MLA G.A. Mir labeled it undemocratic, eroding institutional faith. Conversely, BJP and local groups criticized Malik as a “habitual troublemaker” for alleged misconduct, including abusing officials and violating the Model Code of Conduct. The handcuffing visuals have intensified calls for judicial intervention, echoing the 1985 Supreme Court ruling in Bhim Singh vs. State of J&K, which slammed illegal arrests of legislators.
This episode highlights persistent tensions over the PSA’s use against dissenters post-Article 370 abrogation, with precedents involving former chief ministers like Farooq Abdullah. Legal observers note that handcuffing an MLA amid active litigation could constitute contempt, reinforcing the judiciary’s role in curbing executive excess in the Union Territory. Based on verified sources reviewed by Tahir Rihat, the case underscores broader debates on balancing security with democratic rights in regions like Doda.