08/09/2025
Haq Insaaf Council Condemns Arbitrary Detention of Elected MLA Mehraj Malik Under PSA; Highlights Failure of J&K Administration to Frame Vital Assembly Rules
The Haq Insaaf Council, under the chairmanship of Advocate Zeshan Syed, vehemently condemns the arbitrary detention of elected Member of the Legislative Assembly (MLA), Mr. Mehraj Malik, under the stringent Public Safety Act (PSA), 1978. This act, originally legislated to prevent timber smuggling, has been notoriously misused over the decades to stifle political dissent and bypass due process. The detention of a sitting legislator, who represents the will of the people, marks a new low in the democratic functioning of the Union Territory of Jammu and Kashmir. The detention order has been issued by the Deputy Commissioner of Doda, Mr. Harvinder Singh (IAS), an officer against whom the detained MLA had previously raised serious allegations of favouritism and malpractices. For an officer accused of misconduct by a public representative to then turn around and use a law like the PSA to detain his accuser raises grave questions about vendetta, abuse of power, and a complete erosion of professional ethics and constitutional morality. It establishes a dangerous precedent where the administration can weaponize laws to target elected representatives who hold them accountable. Furthermore, it is a matter of profound institutional concern that the Deputy Commissioner has formally informed the Jammu and Kashmir Legislative Assembly of this detention, effectively signalling the administration's overriding authority over the elected house. This incident underscores the catastrophic failure of the "dual governance" model in the UT of Jammu and Kashmir. Even after more than ten months since the constitution of the current Legislative Assembly, the administration has failed in its fundamental duty to prolumugate the "Rules of Procedure and Conduct of Business" for the Assembly. The absence of this crucial rulebook has left the legislature weakened, unable to effectively assert its privileges, hold the bureaucracy accountable, and safeguard its members from arbitrary executive action.
The Haq Insaaf Counc
