Jammu, Oct 15: Jammu and Kashmir AAP president and MLA Mehraj Malik, who was detained under Public Safety Act (PSA) last month, has moved the High Court of J&K and Ladakh seeking permission to participate in the upcoming assembly session and to cast his vote in Rajya Sabha elections.
The J&K Assembly session is scheduled to start on October 23 and the biennial elections to fill the four Rajya Sabha seats of the Union Territory, lying vacant since 2021, would be held on October 24.
Admitting the application of Malik, Justice Sanjay Dhar directed the government to file its reply. He was hearing the main habeas corpus petition filed by the politician who was detained on September 8 for allegedly disturbing public order and was subsequently lodged in Kathua jail.
Senior advocate Rahul Pant, along with advocates S S Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, M Zulkarnain Chowdhary and Joginder Singh Thakur, submitted that they have filed an application seeking permission for the detenu to participate in the upcoming assembly session and to cast his vote for the Rajya Sabha election.
Furthermore, they emphatically put forth that the replies in the main petition have not been filed till date.
On September 24, Malik filed a habeas corpus petition, challenging his detention and claiming Rs 5 crore compensation.
Justice Chatterji Koul had issued notices to the principal secretary, Home Department of J-K government, Doda district magistrate, the senior superintendent of police and the superintendent of Kathua district jail to file their response by October 14, the next date of hearing.
“It was humbly and vociferously submitted that the applications are of emergent nature, therefore should be considered expeditiously so that the detenu can participate in the upcoming assembly session of J&K and can cast his vote for the Rajya Sabha election,” a spokesperson of the AAP said.
Senior advocate Sunil Sethi and Senior Additional Advocate General Monika Kohli appeared for the government of J&K and sought time to file reply in the application as well as the main petition.
After considering the pleas of both the parties, Justice Sanjay Dhar grated time to the J&K government to file the reply in the application by or before October 18 and to file reply in the main petition by or before November 7 with further direction to keep record available on November 7 for consideration of the matter, the spokesperson said.–(PTI)
