Jammu: The High Court of Jammu and Kashmir and Ladakh on Thursday adjourned the hearing of a habeas corpus petition filed by Aam Aadmi Party (AAP) MLA Mehraj Malik challenging his detention under the Public Safety Act (PSA) till December 4, after a member of his legal team fainted inside the courtroom.
According to Appu Singh Slathia, part of Malikโs legal team, the female colleague โprobably came without breakfastโ and had to be taken to the court dispensary following the incident. Justice Muhammad Yousuf Wani adjourned the hearing citing the medical emergency.
Malik, the lone AAP legislator in Jammu and Kashmir and the partyโs state unit president, was arrested on September 8 under the PSA by Deputy Commissioner Doda Harvinder Singh for allegedly disturbing public order. His detention came amid a controversy over the relocation of a health centre in Doda. Since then, Malik has been lodged in Kathua district jail and missed the autumn session of the J&K Legislative Assembly in Srinagar last month.
During Thursdayโs proceedings, senior advocates Rahul Pant, S.S. Ahmed, Muhammad Iqbal Khan, Syed Asim Hashmi, M. Tariq Mughal, and M. Zulkarnain Chowdhary, alongside Slathia, argued that Malikโs detention was โillegal and bad in the eyes of law.โ Senior Counsel Rahul Pant described the detention as โbarbaric,โ an instance of โunwarranted administrative fiefdom,โ and an attempt to suppress the voice of an elected representative.
On the other hand, senior Counsel Sunil Sethi, appearing for the government with Senior Additional Advocate General Monika Kohli, contended that the petition was not maintainable.
Malik had filed the habeas corpus petition on September 24, seeking relief from his detention and claiming Rs 5 crore in compensation. After extensive arguments lasting over one and a half hours, Justice Wani adjourned the matter and listed it for final hearing on December 4.
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