By: Bharat Daily Samachar Date: 14 Sep,2025

AAP Forms 10-Member Legal Team to Challenge Mehraj Malik’s Detention Under PSA

The Aam Aadmi Party (AAP) has announced the formation of a 10-member legal team to challenge the detention of Mehraj Malik under the Public Safety Act (PSA) in Jammu and Kashmir. The move marks a significant escalation in the party’s stand against what it calls “unjust detention” and reflects its broader political intent to expand influence in the Union Territory.

Mehraj Malik, a prominent activist and AAP supporter, was recently detained under the PSA, a law often criticized by civil society groups for granting authorities wide-ranging powers to detain individuals without trial for extended periods. While officials argue that the PSA is vital for maintaining law and order in the volatile region, critics believe it undermines constitutional rights and due process.

Why AAP Is Taking Up Malik’s Case

According to AAP leaders, Malik’s detention was politically motivated and aimed at silencing dissent. Party spokespersons have repeatedly stressed that his activism was peaceful, rooted in raising issues of governance, corruption, and unemployment in Jammu and Kashmir.

By forming a strong legal team, AAP is positioning itself as a defender of civil liberties. The party has made it clear that the legal team will not only challenge the detention in the Jammu & Kashmir High Court, but will also be prepared to escalate the case to the Supreme Court of India if necessary.

This assertive stand aligns with AAP’s recent efforts to expand beyond Delhi and Punjab, carving a political space in states where traditional parties have long dominated. In Jammu and Kashmir, where political representation remains deeply fragmented, AAP sees Malik’s case as a symbolic opportunity to project itself as a party that protects ordinary people against arbitrary state actions.

The Legal Team and Its Strategy

The newly formed 10-member legal panel comprises senior advocates, human rights defenders, and legal experts specializing in constitutional law. While the party has not revealed all names publicly due to security concerns, sources confirm that the team includes advocates experienced in handling cases related to preventive detention laws.

The strategy will focus on three key points:

1. Violation of Due Process – Lawyers will argue that Malik was detained without sufficient evidence and that his right to a fair trial was bypassed.

2. Misuse of PSA – The team will highlight past judgments where courts have criticized arbitrary use of the PSA and seek to prove that Malik’s detention falls into the same category.

3. Constitutional Rights – By invoking Articles 14 (Equality before Law), 19 (Freedom of Speech), and 21 (Right to Life and Personal Liberty), the legal team aims to build a strong constitutional challenge.

PSA in Focus: A Law Under Scrutiny

The Public Safety Act, enacted in 1978, was originally meant to curb timber smuggling but has since been widely used in security-related detentions in Jammu and Kashmir. The law allows authorities to detain individuals for up to two years without trial in cases linked to security concerns.

Human rights organizations, including Amnesty International and Human Rights Watch, have repeatedly urged India to repeal or reform the PSA, calling it “a lawless law.” In the past, the Supreme Court of India has quashed many PSA detentions citing lack of evidence or procedural lapses, but the law itself continues to be applied extensively.

Malik’s case once again brings the PSA into national debate, questioning whether preventive detention can coexist with democratic freedoms in modern India.

Political Reactions and Public Sentiment

The detention has sparked strong reactions from political parties and civil society in Jammu and Kashmir. Leaders from the National Conference (NC) and the People’s Democratic Party (PDP) have criticized the move, calling it another example of shrinking political space in the Union Territory.

AAP’s decision to legally challenge the detention has been welcomed by many local activists, who see it as a much-needed show of solidarity. Social media has also played a role, with hashtags like #FreeMehrajMalik and #EndPSA trending in regional circles.

However, some political analysts caution that AAP must tread carefully. While championing Malik’s cause may gain local goodwill, it also risks being interpreted as confrontation with security agencies, which remain sensitive to dissent in the region.

What This Means for AAP’s National Image

Beyond Jammu and Kashmir, the case could shape AAP’s national image. For years, the party has built its brand on issues of governance, anti-corruption, and people’s rights. By standing up against a powerful law like PSA, AAP may strengthen its profile as a defender of democratic rights.

At the same time, critics may argue that the party is politicizing a sensitive security matter. Balancing between civil liberty advocacy and national security concerns will be AAP’s biggest challenge going forward.

The Road Ahead

The legal proceedings are expected to take time, but AAP’s legal team is preparing for an intensive fight. If successful, the case could set an important precedent in challenging arbitrary PSA detentions. Even if not immediately successful, it may at least bring more national attention to how the PSA is used and encourage judicial scrutiny of such preventive detentions.

For Mehraj Malik’s family, however, the issue goes beyond politics. They have expressed hope that justice will prevail and that Malik will be released soon. Speaking to local reporters, his relatives said they believe in his innocence and want him to continue his peaceful activism.

Conclusion

The battle over Mehraj Malik’s detention is more than just a legal fight — it is a test of democratic rights, political courage, and the balance between security and freedom in Jammu and Kashmir. By forming a dedicated legal team, AAP has placed itself firmly in the center of this debate.

Whether this move leads to Malik’s release or not, one thing is clear: the case has reignited national attention on the Public Safety Act and its impact on civil liberties. For AAP, it is both a legal challenge and a political opportunity — one that could redefine its role in the national political landscape.