Mehraj Malik: Misconduct Needs Lawful Answer

2025-09-16 02:03:32

(MENAFN- Kashmir Observer)

The immediate gain of silencing a troublesome MLA may be offset by the long-term cost of delegitimising democratic processes in the eyes of the people. Photo Credit Social Media

Mohammad Saqib

The arrest of Mehraj Malik, the lone Aam Aadmi Party MLA from Doda, under the Public Safety Act has once again opened up the difficult conversation about democracy, dissent, and the shrinking space for political expression in Jammu and Kashmir.

Malik, who has been in the news for his fiery language, his alleged misconduct, and his frequent confrontations with officials, was detained on September 8, 2025, under the PSA on grounds of“disturbing public order.” The law allows detention without trial for months and has long been criticised by human rights groups as draconian. That such a measure has now been used against an elected legislator speaks volumes about the fragile state of democratic institutions in the Union Territory. While few would deny that Malik has made mistakes, the question is whether those mistakes justify the suspension of basic democratic principles.

The first point to recognise is that Mehraj Malik is not just an individual citizen; he is a sitting member of the Jammu and Kashmir Assembly. He represents lakhs of people who voted for him, making him the only legislator from the Aam Aadmi Party in the region. By detaining him under the PSA, the government has not only targeted an individual but also silenced the voice of his entire constituency. In representative democracies, elected officials are given space to speak, debate, and even dissent in ways that ordinary citizens may not. Their behaviour, however objectionable, is expected to be dealt with through institutional checks such as legislative privileges, censure motions, or judicial proceedings-not through preventive detention. Using PSA against an MLA bypasses all these safeguards and creates the dangerous precedent that an elected leader can be silenced by executive order rather than democratic debate.

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