Avinash Azad
In a major judicial development with potential political ramifications, the Jammu & Kashmir and Ladakh High Court on Friday recorded the government’s assurance that detained MLA Mehraj Malik, lodged under the Public Safety Act (PSA), will be allowed to cast his vote in the October 24 Rajya Sabha election. The court’s observation could carry significant weight in determining whether the ruling National Conference (NC) or the Bharatiya Janata Party (BJP) emerges stronger in the high-stakes contest.
The hearing, presided over by Justice Rajesh Sekhri, took place at the High Court’s Jammu wing, where detailed arguments were presented by both sides. Malik’s legal team, led by Senior Advocate Rahul Pant and assisted by Advocates S.S. Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, and M. Zulkarnain Chowdhary, asserted that the detenue’s right to vote and participate in legislative proceedings is protected by constitutional provisions and cannot be suspended merely due to preventive detention.
Representing the Government of Jammu & Kashmir, Senior Advocate Sunil Sethi, assisted by Senior Additional Advocate General Monika Kohli, informed the Bench that the government had dispatched the postal ballot paper for Malik’s vote to the competent authority, assuring compliance with legal norms. Though the government’s reply was not yet formally on record, the court directed that Malik’s vote be facilitated “in accordance with the mandate of law.”
Justice Sekhri further ordered that the registry place the government’s objections on record and listed the next hearing for October 27, when Malik’s second plea—seeking permission to attend the Assembly session commencing October 23—will be considered.
Sources within both NC and BJP are closely monitoring the development. Given the thin margins expected in the Rajya Sabha voting, Malik’s ballot could tip the balance of power.
- If Malik’s vote favors his party allies in the opposition camp, the National Conference could consolidate its Rajya Sabha position, reinforcing its standing amid detentions of several regional leaders.
- Conversely, if the detainee’s participation somehow aids the BJP nominee—through cross-voting or split alliance support—the BJP could secure an unexpected edge, strengthening its influence in Jammu region politics ahead of the winter session.
Political analysts view this decision as symbolic of the judiciary’s effort to uphold legislative rights even under extraordinary circumstances. The outcome of Malik’s vote on October 24 may reshape the state’s political arithmetic before the Assembly reconvenes.
