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Mehraj Malik's detention under PSA is an attack on democratic institution of MLA and Assembly: Legislators in J&K Assembly
Lawmakers are demanding the release of Aam Aadmi Party MLA Mehraj Malik. They argue his detention under the Public Safety Act is illegal and unconstitutional. This has led to heated arguments in the assembly. Opposition parties believe the institution of MLA is being undermined. BJP members counter that the matter is sub-judice and cannot be discussed.
Legislators from ruling National Conference alliance and opposition People's Democratic Party and Awami Ittehad Party demanded revocation of Public Safety Act of Aam Aadmi Party MLA Mehraj Malik and urged the Speaker to hold a discussion on this matter.
Legislators argued Malik's arrest desecrates institution of the MLA and the assembly as he has been detained "illegally and unconstitutionally."
This triggered a reaction from BJP MLAs who claimed that his case is "sub-judice and as per rules it cannot be discussed in the assembly, which has no jurisdiction in the matter."
The exchange of heated arguments led to a brief pandemonium in the house as some members from ruling alliance and opposition attempted to jump into the well to press for their stand on the issue.
"Our colleague Mehraj Malik has been detained unconstitutionally and illegally. Today he was silenced and tomorrow it could be anyone else as this case sets a wrong precedent," said Sajad Shaheen, National Conference MLA from Banihal.
To this BJP MLA, R S Pathania, responded by saying that PSA is invoked subject to the satisfaction of a District Magistrate and neither the government nor any political party was responsible for that. "We cannot discuss this issue here as per the rules. There are some do's and don't's we have to follow in this house and the case is subjudice," said Pathania. He was supported by other BJP legislators.
The NC leader Nazir Gurezi, responded to BJP's argument, stating that Assembly was superior to any court of law and anything can be discussed in the house. "We make the laws and courts interpret those laws. Malik was not involved in any militancy or anti national activity...also DC cannot detain anyone at his own will," said Gurezi adding, "committee must be formed by this house to ascertain whether PSA slapped against him was genuine."
Awami Ittehad Party legislator Sheikh Khursheed, who is in the opposition said that Malik's arrest was symbolic and represents the detention of each and every member of this house. "Currently this whole house is under detention not just Malik." Shabir Ahmad Kullay, an independent legislator who supports the ruling alliance vociferously supported the demand of release of Malik and a discussion on his detention in the house.
The opposition PDP legislator from Pulwama Waheed Para said that the institution of MLA is getting eroded by the every passing day.
"We are not opposing PSA (against Malik) for communal or regional basis. Such acts erode the institution of MLA and Assembly. Today it is your (BJP) govt is New Delhi tommorow it will change and same PSA and UAPA will be used against you (BJP)," said Para, adding, "what is being normalised today will consume our progeny."
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Source: EconomicTimes
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