Jammu, October 7 — The Jammu and Kashmir and Ladakh High Court will hear a habeas corpus petition challenging the preventive detention of Aam Aadmi Party (AAP) MLA Mehraj Din Malik under the Public Safety Act on October 14, while the Supreme Court has issued notice to the Centre on climate activist Sonam Wangchuk’s wife’s plea against his National Security Act detention, also scheduled for hearing on the same day. These parallel proceedings represent a pivotal moment for justice in Jammu and Kashmir and Ladakh, spotlighting concerns over preventive detention laws amid ongoing demands for regional autonomy, according to details received by The Chenab Times.
Mehraj Din Malik, AAP’s Jammu and Kashmir president and the sole MLA from the party representing the Doda-52 constituency, was detained on September 8 under the Jammu and Kashmir Public Safety Act (PSA), 1978, for allegedly disturbing public order in rain-battered Doda district. The PSA, a controversial preventive detention law allowing up to two years’ incarceration without trial, marks Malik as the first sitting legislator in the region to face such action. He is currently lodged in Kathua district jail.
Malik filed the habeas corpus petition on September 24 through Senior Advocate Rahul Pant and a team including Advocates S.S. Ahmed, Apu Singh Slathia, Zulkarnain Chowdhary and Joginder Singh Thakur, seeking quashing of the detention order and Rs 5 crore in compensation for alleged violations of his rights. The plea argues the detention is “unlawful, arbitrary and without sufficient cause,” citing personal bias by Doda District Magistrate and failure to provide grounds under Section 8 of the PSA. Justice Vinod Chatterji Koul admitted the petition, issuing notices to the Principal Secretary (Home), District Magistrate Doda, Senior Superintendent of Police Doda, and Kathua Jail Superintendent, accepted in open court by Senior Additional Advocate General Monika Kohli. The court granted time for the government’s response by October 14, emphasizing the urgency as Malik is an elected representative needed for public duties, as The Chenab Times reported earlier.
The case has drawn political backlash, with AAP and allies condemning it as an assault on democratic dissent. Appu Singh Slathia stated, “We will fight the case with our full strength. Let the government file its response as per the directions of the Court,” as per reports. Malik’s detention, amid AAP’s push for transparency and anti-corruption in the region, underscores debates on PSA’s misuse, a law criticized for its broad scope.
Concurrently, the Supreme Court issued notice to the Centre, Ladakh UT and Jodhpur Central Jail Superintendent on Gitanjali J. Angmo’s habeas corpus petition under Article 32 challenging Sonam Wangchuk’s NSA detention, posting the matter for hearing on October 14. Wangchuk, a Magsaysay Award-winning climate activist and founder of SECMOL, was arrested on September 26 under the National Security Act (NSA), 1980, two days after violent protests in Leh demanding Ladakh’s statehood and Sixth Schedule inclusion left four dead and over 90 injured. He is held in Jodhpur jail, Rajasthan, without his belongings or access to family.
Angmo’s plea, filed through Senior Advocate Kapil Sibal and Advocate Sarvam Ritam Khare, alleges the detention is “illegal, arbitrary and unconstitutional,” violating Articles 14, 19, 21 and 22. It claims no grounds were provided within five days as required under NSA Section 8, and accuses a “systematic, untruthful campaign” linking Wangchuk to Pakistan and China to defame his Gandhian movement for Ladakh’s ecology and rights. The petition highlights Angmo’s denied meetings, virtual house arrest in Leh, and intimidation of her Himalayan Institute of Alternatives Learning (HIAL) staff and students. It seeks immediate release, medical aid (post-15-day fast) and production in court.
During Monday’s hearing before Justices Aravind Kumar and N.V. Anjaria, Solicitor General Tushar Mehta argued grounds were served to Wangchuk and the plea created “hype” and an “emotive atmosphere.” The bench refused interim orders on grounds disclosure but directed authorities to provide medical needs per prison rules and consider Angmo’s meeting request, advising a formal application to jail officials. Mehta confirmed Wangchuk requested no medication during examination but assured compliance if needed. Angmo plans to visit Jodhpur for documents ahead of the hearing, as per The Hindu.
The court noted, “Please don’t make emotive arguments,” but emphasized feasibility of sharing grounds with Angmo. Sibal argued she is handicapped without them to prove arbitrariness. The bench put the onus on authorities, as reported by India Today.
Wangchuk’s detention follows unfulfilled 2019 BJP promises post-Ladakh’s UT bifurcation, amid five-year agitations by Leh Apex Body and Kargil Democratic Alliance. Supporters view it as suppressing dissent, with nationwide protests and Angmo’s October 1 letter to President Droupadi Murmu alleging a “witch-hunt.”
October 14 emerges as a crucial date, potentially setting precedents on PSA/NSA applications against elected officials and activists. In J&K, PSA cases often face scrutiny for vague grounds, while NSA’s preventive scope raises liberty concerns. Outcomes could influence regional autonomy demands and preventive law reforms. As hearings approach, public eyes in Doda and Ladakh await justice amid calls for dialogue over detention.
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Anzer Ayoob is the Founder and Chief Editor to The Chenab Times
