Malik criticism of RSS lead to communal discord also among many grounds for detention of AAP MLA Doda
From Doda to Delhi: Mehraj Malik’s Arrest Echoes in Politics; Preventive Detention of AAP MLA Sparks Rule of Law Debate in J&K
Asif Iqbal Naik
Doda: After 6 days since the lone Aam Aadmi Party Member Legislative Assembly in Jammu And Kashmir from Doda District was slapped with Public Safety Act (PSA) that allows the authorities to detain an individual for two years in jail without any trail, the dossier that makes the ground for detention of the Malik came to public highlighting various loopholes in the procedure that required to set the process in motion for detaining an individual.
As per the copy of the dossier available with News Insider 24×7, the move was aimed at curbing alleged threats to public tranquility, the District Magistrate (DM) of Doda, Harvinder Singh, issued a detention order on September 8, 2025, against MLA Mehraj Din Malik, a legislator and resident of Doda district. Malik has been detained under the Jammu & Kashmir Public Safety Act (PSA), 1978, a preventive detention law designed to maintain public order by restricting individuals deemed prejudicial to societal peace.
The order, which mandates Malik’s detention for a period not exceeding two years unless revoked earlier, cites an extensive criminal history comprising 18 First Information Reports (FIRs) and 16 Daily Diary Reports (DDRs) registered against him across various police stations in Doda that also include violations made by the APP MLA during Lok Sabha and Jammu and Kashmir Legislative Assembly as well.
Among many grounds that were mentioned in the dossier of Malik is his criticism of RSS that led to communal discord in the area for which a Case FIR No. 105/2023 U/S 153-A/295-A/IPC has been registered at P/S Gandoh.
The brief facts of the Case are that on 27-12-2023 one Baldev Singh S/ o Tej Ram R/o Ghill Tehsil Gandoh Produced a memorandum of Hindu Jan
Sabha Bhalessa mentioning that on 27-12-2023 a meeting of Hindu Jan Sabha was called under the president ship of Sh Baldev Singh at Gandoh.
During meeting the viral video on social media of one Mehraj Din DDC Kahara (Subject) against RSS was discussed. Mehraj Din in viral video has
stated against the uniform of RSS and Hindu community and has hurt the sentiments of Hindu community particularly. The whole Hindu community is in grief and angry. He has also stated in his viral video
against the nation and tries to instigate the youth of majority community against Hindu community. He in his viral video tries to spread the hatred between two communities which can create law and order problem in Bhallessa any time.
Possibly trying to help Pak based local terrorist
DC Doda who has order to seize all the immovable and movable property of HM Commander , Abdul Rashid S/O Asrullah R/O Khanpura of Sub Division Thathri, who is still active in Pakistan and this order was
implemented in letter and spirit by the administration there . Malik & others deliberately created disturbance at the venue chaired by Deputy Commissioner Doda might have connections with that order too can’t be ruled out as the miscreants were raising slogans against Government and administration at the venue chaired by Worthy Deputy Commissioner
Doda. Malik who was DDC Kahara then used abusive language against the Tehsildar Bhalessa and
threatened him of life consequences.
The detention has triggered sharp reactions across political lines. AAP chief Arvind Kejriwal, Chief Ministers Omar Abdullah and former Mehbooba Mufti have condemned the move, calling it an assault on democracy. Protests have erupted in Doda and other parts of the Chenab Valley, with supporters demanding Malik’s release. His father, Shams Din Malik, has appealed for justice, terming the charges as fabricated.
Criminal Track Record: FIRs and DDRs Cited
The grounds for detention paint Malik as a “habitual offender” and “history sheeter” involved in a range of criminal offences. Among the notable cases listed are:
• FIR No. 22/2014 (PS Doda): Rioting and assault on public servants during a protest.
• FIR Nos. 54/2016 & 59/2016 (PS Doda): Incitement to violence – later withdrawn under the 2018 amnesty scheme.
• FIR No. 103/2021 (PS Doda): Obstructing government officials and provoking unrest during COVID-19 relief operations.
• FIR No. 55/2023 (PS Bhaderwah): Promotion of enmity between groups and incitement through social media.
• FIR No. 105/2023 (PS Bhaderwah): Closed as “not admitted” in 2024 but cited for derogatory remarks against officials.
Other FIRs from 2016–2024 include charges under the IPC for rioting (147/148), assault on public servants (353), promoting enmity (153A), and criminal intimidation (506).
The DDRs recorded repeated disturbances, threats to officials, and provocative social media posts, including Facebook Live sessions where Malik allegedly glorified militants, issued calls for “Lashkars,” an Urdu word which means an army, though the word is mostly popular in nature associated with banned Pakistani terrorist organisation Lashker e Toiba which was involved in hundreds of terror activities in J&K.
The dossier also allege that Malik made misogynistic threats such as vowing to “drag and undress” female government employees.
Terror Angle: Links to Radical Narratives
The dossier underscores Malik’s repeated attempts to glorify slain terrorists like Burhan Wani and exploit communal sentiments to rally youth. His speeches and online sessions allegedly praised militancy, encouraged anti-government demonstrations, and called for violent retaliation against the state. The administration claims such narratives fuel radicalization in sensitive areas of Chenab Valley, already vulnerable to extremist propaganda.
Officials argue that Malik’s activities go beyond routine political dissent and instead represent a sustained effort to destabilize peace, disrupt government functioning, and erode public trust in institutions.
Dossier further stated that Malik clearly believed in goondaism, having no respect for law of land, is habitualof hurting sentiments of public on multiple occasions and misguiding / provoking youth
like terming followers of one particular religion as ‘addicted to liquor’ or motivating youth to consume Chitta (drugs) to increase Intelligence Quotient (Akal), which has every propensity to benefit evil designs of organisations like militant groups and enemy states
to create an environment of mistrust, infighting and pooling illegal gains from drug abuse to not just cause public order situation, but also wage war against society and state. It has been reliably reported that the subject’s continuous involvement in such
criminal, anti-social, prejudicial, and inflammatory / provocative activities pose a serious and persistent threat to the maintenance of public order in the District.
DM’s Justification: Liberty vs. Public Order
In his order, DM Harvinder Singh described Malik as a defiant figure who positions himself “above the law”, using his political background to shield himself from accountability. The DM argued that Malik habitually engages in prejudicial activities, including calls to burn government offices and spreading misinformation, His actions during flood relief operations obstructed officials and delayed aid distribution.
It stated that Malik was involved in derogatory, gender-based threats degrade social values and foster hostility toward law enforcement added that ordinary criminal proceedings are insufficient to contain his influence, making PSA detention necessary to prevent imminent disruptions.
Legal Questions: Weaknesses in the Dossier
Despite the strong administrative narrative, legal experts note serious lapses that could undermine the detention:
• Use of Withdrawn/Closed FIRs: Cases from 2016 and 2023, already withdrawn or closed, are still cited as active grounds.
• Vagueness: Allegations like “provoking youth” lack specific evidence or immediate context.
• Delay & Old Incidents: Reliance on FIRs dating back to 2014 questions the immediacy required under PSA.
• Non-application of Mind: Heavy dependence on the police dossier without visible independent scrutiny by the DM.
• Constitutional Concerns: Possible violation of Article 22(5) if Malik was not supplied with all materials to make an effective representation.
These lapses could form the basis of a challenge before the Hon’ble High Court of J&K and Ladakh, where preventive detention orders are often quashed for vagueness, procedural errors, or misuse as substitutes for prosecution.
The Road Ahead
For now, Malik remains lodged at Kathua Jail, while his legal team readies a petition challenging the PSA order. The outcome will not only decide his immediate fate but could also set precedents on the use of social media content as grounds for preventive detention.
As Doda watches closely, the case has become a flashpoint in the continuing debate between individual liberty and state security in Jammu & Kashmir.
Conclusion
The case of Mehraj Din Malik is emerging as a litmus test for J&K’s democratic credibility. Detaining a sitting legislator under PSA — a law already under criticism for bypassing judicial scrutiny — has deepened political fault lines in the Union Territory. While authorities justify the action as necessary for public order, the lack of strong legal evidence and the parallel targeting of other opposition figures raise questions on fairness, transparency, and the health of democratic institutions in J&K.
