Srinagar, Oct 18: The Jammu & Kashmir administration has opposed the participation of detained AAP MLA Mehraj Malik in the upcoming autumn session of the Legislative Assembly, even as it informed the High Court that a postal ballot has already been dispatched to him so as to enable him to cast his vote in the forthcoming Rajya Sabha election.
In its written objections, filed through Advocate Monika Kohli, Senior Additional Advocate General, the UT administration has submitted that allowing Malik to participate in the session may have an impact on law and order situation.
“That it is submitted that, given the background and the petitioner/applicant’s anticipated attendance/participation in the upcoming assembly session, carries a high risk of administrative and political sabotage and may have serious repercussions with respect to fomenting law and order situations at various places in Jammu province, because of his utterances and taking advantage of platform during assembly session,” reads the objections filed by UT administration.
It has also cited an intelligence report to oppose Malik’s participation in the upcoming session of Assembly.
“That, as per the report from the intelligence agency, allowing participation of the detenue during the Assembly session may have serious repercussions with respect to fomenting law and order situations at various places in Jammu province, because of his utterances and taking advantage of the platform during the Assembly session,” the reply reads.
The government said the intelligence report indicated that the detenue may deliver provocative or hateful speeches that could incite discontent among the general populace and damage public perception of the government and its functionaries.
“He will likely create a nuisance or disruption within the Assembly, protected by legislative immunity, making it impossible for the UT government to take subsequent legal action for any unlawful or unwarranted conduct during the session,” the reply states, citing the intelligence report.
According to the intelligence report, the detenue is also expected to use his detention status as a political tool to gain public and peer sympathy and to radicalize impressionable youth. “His ability to connect with the public and the media via the Assembly platform may undermine and negate the objective of his current preventive detention,” the reply adds.
The administration has also cited the Supreme Court’s observations in K. Anandan Nambiar and Another vs Chief Secretary, Government of Madras to support its stance.
It has also submitted that Malik is a history sheeter in the records of Police Station Gandoh and has become a habitual offender involved in about 18 criminal/anti-social case FIRs registered against him at various Police Stations across Union Territory of J&K, other than 16 adverse Daily Diary Reports registered in the different police stations/police posts of district Doda.
“The detenue had been frequently resorting to unlawful means to subdue the government procedures, rules and law, while making irresponsible statements as if law of land does not apply to him, being a lawmaker and while doing so, disturbs the public peace and tranquillity. The modus operandi of the detenue includes using social media handles especially “facebook live” to mount verbal and derogatory attack on anybody who tries to stand up against his illegal demands and while spreading false information to his more than two lakh followers on his social media handles and instigates the general public particularly youth to indulge in unlawful activities, create law and order problems and disrupt the public life particularly in sensitive areas of District Doda,” the administration submitted.
In its order today, the High Court said Sunil Sethi, senior advocate and Monika Kohli, Sr. AAG appearing for the state, have fairly admitted the legal position and submitted that a postal ballot, in fact has already been dispatched to the detenu, through Superintendent of the concerned jail, so as to enable him to cast his vote in the forthcoming election to the Council of States.
The case has been listed for hearing on October 27.
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