Uproar in J&K Assembly over AAP MLA Mehraj Malik's detention under PSA

Don't want to miss the best from Business Standard?

The Jammu and Kashmir Legislative Assembly on Monday witnessed bedlam over the issue of AAP MLA Mehraj Malik's detention under the Public Safety Act (PSA).

NC MLA from Banihal, Sajjad Shaheen, demanded a one-hour discussion on the Doda MLA's detention last month under the stringent act.

However, BJP MLA from Udhampur East, R S Pathania, said invoking PSA is a district magistrate's prerogative.

This led to an uproar from many members from the treasury benches, and the lone Awami Ittehad Party (AIP) MLA from Langate, Sheikh Khursheed. The members were up on their seats.

Speaker Abdul Rahim Rather rose from his chair, directing the members to take their seats.

Independent MLA from Shopian, Shabir Kullay, protested and tried to enter the well of the House.

However, the Speaker said nobody will enter the well, asking the members to keep the decorum of the House.

"Let him (Pathania) speak even if you don't like what he says," the Speaker added, and allowed the BJP MLA to continue.

Pathania said an issue that is pending adjudication before the court of law cannot be discussed in the House.

Responding to this, NC MLA from Gurez, Nazir Ahmad Khan Gurezi, asked, "Will this state be run by DCs?"  A person can be booked under the PSA with an administrative order passed either by the divisional commissioner (DC) or the district magistrate (DM).

"If Malik had done something anti-national, we never supported it and will never support. (But), can a DC send anyone to jail? Today, it is Malik; tomorrow, it can be anybody. It can be you. This House is supreme. We can discuss the issue," Gurezi said.

He also demanded that a committee be formed to probe whether Malik warranted the detention.

People's Conference (PC) MLA from Handwara, Sajad Lone, called PSA a "black law".

"PSA against Malik is unjustified," Lone added.

Amidst the din, Speaker Rather said if anything is pending before the court of law, "it cannot be allowed (to be discussed) in the House".

The Jammu and Kashmir Public Safety Act is a preventive detention law that allows the state government to detain a person for up to two years without a trial.