The High Court of Jammu and Kashmir and Ladakh has set aside the preventive detention of Doda East MLA Mehraj Din Malik under the Public Safety Act (PSA), holding that matters falling within the scope of ordinary “law and order” cannot be elevated to “public order” to justify such detention.
Justice Mohd Yousuf Wani, while allowing a habeas corpus petition, quashed the detention order issued by the District Magistrate, Doda, and directed that Malik be released immediately.
The Court underscored the legal distinction between “law and order” and “public order,” noting that not every violation of law warrants preventive detention under special statutes like the PSA.
Malik, 37, had been detained and lodged in District Jail Kathua on allegations that his activities were prejudicial to public order. The detention relied on a police dossier referring to 18 FIRs and 16 Daily Diary Reports recorded between 2014 and 2025, along with inputs from the Executive Magistrate and other materials.