Jammu: Aam Aadmi Party legislator Mehraj Malik was released from Kathua jail on Tuesday following the quashing of his detention under the Public Safety Act by the Jammu and Kashmir High Court.
Malik said that now that he had been released, he would continue to raise and talk about the issues of the people.
Setting aside the detention order issued by the Doda district magistrate against Malik on September 8 last year, Justice Mohammad Yousuf Wani directed authorities to “release the petitioner-detenu forthwith from his preventive detention”.
“Malik was released by jail authorities this morning after completion of all formalities,” his lawyer and AAP spokesperson Appu Singh Slathia told reporters here.
As the gates of Kathua jail opened this morning to release the AAP leader, scores of people shouted slogans in his favour, danced to the beats of dholaks and garlanded him with flowers.
After being released from jail, he said that he would continue to fight for the people.
“I am now out of jail. I thank the judiciary for justice to me. I will continue to raise the issues and talk about people,” he told reporters here.
The High Court of Jammu and Kashmir and Ladakh on Monday quashed the preventive detention of Aam Aadmi Party legislator Mehraj Malik under the Public Safety Act (PSA), holding that the order was legally unsustainable and based on “non-application of mind”.
Malik, who is the AAP’s Jammu and Kashmir unit president, was detained under the PSA in September for allegedly disturbing public order and was subsequently lodged in Kathua jail.
On September 24, he filed a habeas corpus petition in the high court, challenging his detention and seeking Rs 5 crore as compensation.
On February 23, the high court had reserved its order in the case.
In his 87-page order, the judge said, “…the impugned detention order issued by district magistrate, Doda is quashed with direction to the respondents to release the petitioner/detenu forthwith from his preventive detention in the instant case.” The court underscored the distinction between ‘law and order’ and ‘public order’, observing that the material on record did not justify invoking preventive detention.
It noted that the alleged activities of the detenu did not amount to “public disorder” and held that there was “no live link or proximity between the alleged criminal activities and the need for passing of the impugned detention order”.
On the nature of cases cited against Malik, the court said they largely pertained to routine law and order issues, including election-related matters, adding that “almost all the criminal cases pertain to normal law and order violations not justifying the detention under PSA”.
After his release from Kathua jail today, Mehraj Malik rued the entanglement of politics with the slapping of legal cases, but asserted that no change is possible without political engagement.
Malik emphasised the need to rise above religious divisions and focus on humanity, asserting that his political struggle is aimed at reform and public welfare in Jammu and Kashmir.
“Our struggle will continue. It will not change. It is not a struggle based on politics but on thoughts and the drive for people’s welfare,” Malik told reporters here.
Referring to his recent imprisonment, the MLA said he had gone to jail while fighting for the rights of the people. “I went to jail for this struggle. It was for the people, and it will continue,” he added.
Calling for greater participation of young people in public life, Malik urged youth to step into politics. “I am alone right now. I want youth to join politics. Only politics can change the fate of the people and this country,” he said.
He further said he has consistently raised issues concerning the public and will continue to do so. “I have been highlighting people’s issues and speaking for them. I will continue to raise their voice,” Malik said, adding that his focus remains on working towards welfare-oriented change through democratic means.
Responding to questions, Malik said he has always been committed to serving people.”Working for humanity is both my passion and my duty. Every religion teaches us to serve humanity, and people must move away from politics based on religion,” he said.
The MLA further said governance and performance should be judged on the basis of work rather than religious identity. “If an official or administrator performs well, people appreciate them irrespective of religion. A person’s identity is defined by their character, not their faith,” he added.
Malik alleged that cases were filed against him to divert attention and hinder his reform efforts. “We did not enter politics to fight legal cases, but to bring improvement. However, being entangled in such cases has become part of the system,” he said.
Apologising to his supporters for the hardships they faced during his imprisonment, Malik said that struggle is inevitable for change. “Many people feel that if I had acted differently, I wouldn’t have gone to jail. If not today, then someone else would have to raise their voice in the future,” he said.
He maintained that time will ultimately reveal the truth, adding that democracy provides space for people to judge right and wrong.
Reaffirming his commitment, Malik said his purpose remains unchanged even after his release. “Our intentions were right then and remain the same now. This is about understanding society and working for its betterment,” he noted.
The MLA also urged people to remain patient and assured that he would soon resume public outreach after consulting his team. “There is no need for haste; we will plan properly and engage with people across the region,” he said.
Referring to government employees and officials, Malik clarified that he holds no personal grudges and stressed the need for empathy in governance, urging authorities to act in the interest of the people.
Malik said that despite campaigns like “drug-free initiatives,” the real issue affecting the youth is unemployment.
The MLA said that he had hoped for reforms after entering the assembly but found a lack of concrete policies among those in power. “If those making policies themselves lack vision, how will society progress?” he questioned.
Malik also called on the “educated and capable” sections of society to step out and contribute to public life. “When a common man tries to enter politics and work for the people, he is often sidelined or labelled. This mindset needs to change,” he said.
Referring to his eight-month jail term, Malik claimed that no significant improvements had taken place in governance, education, or public institutions during that period. “You can imprison a person, but not his thoughts. This is a fight for humanity and justice,” he asserted.
He further alleged that political space is shrinking, claiming that those raising their voice against the ruling establishment face difficulties. “It has become difficult to speak openly, but without political engagement, no real change is possible.”
Malik said that major global developments are driven by political decisions. “Politics runs the world, and meaningful change can only come through active participation in it,” he said.
Malik’s family hails his release as ‘victory of truth’
Family members of AAP MLA Mehraj Malik and party leaders on Tuesday welcomed his release, terming it a “victory of truth” and reaffirmed their commitment to public welfare in Jammu and Kashmir.
Malik’s father Shammas Din expressed satisfaction, saying his son has always worked for the people.
“He is my son and he is here for the people and their happiness. People are watching everything, it is victory of truth. It is victory for the people,” he said.
Malik, who is also the AAP’s Jammu and Kashmir unit president, was detained under the Public Safety Act (PSA) in September for allegedly disturbing public order and was subsequently lodged in Kathua jail.
The high court of Jammu and Kashmir and Ladakh on Monday quashed his preventive detention, holding that the order issued by the Doda district magistrate was legally unsustainable and based on “non-application of mind”.
Din said that despite difficulties, the family remained committed and engaged with the public.
Referring to the support from people across regions like Doda and Ramban, he said many had travelled long distances to show solidarity.
“Truth always wins. The one above is watching everything. Even if people say different things, ultimately truth prevails,” Din said, adding that the situation has now become clear.
Delhi Ballimaran AAP MLA Imran Hussain, who had come here to welcome Malik, thanked the judiciary for quashing the case.
“I sincerely thank the court for bringing out the truth and dismissing the baseless case that had been imposed unjustly,” he said.
Hussain congratulated Malik, his family, and the people of the region, particularly in Kashmir, calling the development significant.
The AAP leader also alleged that attempts were made to suppress public voices.
“Those who raised issues of the people were targeted. This is not right and accountability must be ensured,” he said.
Without naming individuals, he claimed that those speaking against the ruling establishment face similar challenges.
“If someone raises the voice of truth and stands for the people, they are treated in the same way,” he added.
Both the family and party leaders reiterated that Malik’s struggle has been for public welfare and would continue in the coming days.
