Srinagar, Sep 8: Speaker of the Jammu and Kashmir Legislative Assembly, Abdul Rahim Rather on Monday clarified that the government had not sought any permission from him regarding the detention of MLA Doda, Mehraj Malik.
Speaking to news agency, Rather explained that under Rule 260 of the Legislative Assembly, the Speaker’s role is limited to being informed about the arrest of any legislator. “In Mehraj’s case, I too was informed and the same I conveyed to legislators,” Rather said.
He said that his office was not consulted nor required to give approval for the detention. “No permission was sought from me. I have no role in his arrest. The order has been issued by the District Magistrate. My only responsibility is to communicate the matter to the members,” he noted.
The Speaker further underlined that the decision on the legality of the detaintion lies with the judiciary. “Rest, the court has to decide if anything has been done wrong,” he added.
The arrest of Mehraj Malik has sparked sharp reactions across political circles, with several parties condemning the move and questioning the grounds of his detention. Critics argue that the action sets a “dangerous precedent” by undermining the rights of elected representatives.
The matter is now expected to be taken up in the courts, where Malik’s legal team will contest the charges against him. Meanwhile, the Speaker’s clarification appears aimed at distancing the Assembly Secretariat from the ongoing controversy.
An official communiqué, the Jammu and Kashmir Assembly Secretariat informed that “It has been highlighted/reported in some media reports, social media Platforms, X (formerly Twitter) that the Jammu & Kashmir Legislative Assembly Secretariat has endorsed the slapping of provisions of Public Safety Act 1978 on Shri Mehraj Malik, MLA (52-Doda Assembly Constituency) which is factually Incorrect and baseless as the Secretariat has no role in it.”
It further reads that, “However, this Secretariat was under an obligation in terms of Rule 260 of Rules of Procedure and Conduct of Business in Jammu and Kashmir Legislative Assembly to inform all the Members of Jammu and Kashmir Legislative Assembly about the aforesaid Arrest/detention of the Member.”
The Assembly Secretariat clarified that, Rule 260 of Rules of Procedure and Conduct of Business in Jammu and Kashmir Legislative Assembly reads as “As soon as may be, the Speaker Shall, after he has received a communication referred to in Rule 258 or Rule 259 read it out in the House, if in Session or if the House is not in Session direct, that it may be Published in the Bulletin for the information of the Members.
Pertinent to mention that the J&K Public Safety Act 1978 was introduced in Jammu Kashmir by Sheikh Mohammad Abdullah government and the first serving Legislator ever arrested under PSA in Jammu Kashmir was Prof. Bhim Singh who was arrested on his way to attend the Legislative session in 1985.
Initially, it used to have invoked against smugglers, separatists and protesters, but later it has been frequently being used against the mainstream politicians and other prominent people.
Interestingly, most of the mainstream leaders have served various terms of detention under PSA from time to time prominent among Farooq Abdullah, Omar Abdullah, Mehbooba Mufti Shah Faisal and others besides all prominent separatist leaders.
