Rights, Representation, and Repression: J&K Assembly Faces Dual Crisis Over PSA and Quotas

Rights, Representation, and Repression: J&K Assembly Faces Dual Crisis Over PSA and Quotas

Legislators clash over Mehraj Malik’s PSA detention and renewed demands for reservation reform — Speaker urges restraint as opposition slams “politicization” of governance.

By: Javid Amin | 27 October 2025

Mehraj Malik’s Detention Triggers Political Storm

The Autumn Session of the Jammu & Kashmir Legislative Assembly opened to fiery scenes on Monday, as opposition benches erupted over the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the Public Safety Act (PSA).

National Conference (NC) MLA Sajjad Shaheen, representing Banihal, demanded an urgent, one-hour discussion on the issue, calling Malik’s detention “unconstitutional” and a “direct assault on dissent.”

“This House cannot stay silent when an elected representative is detained under a preventive law meant for threats to public order,” Shaheen said, urging Speaker Abdul Rahim Rather to allow a resolution condemning the PSA order. “If we stay quiet today, we set a dangerous precedent for democracy in Jammu & Kashmir.”

Defending the government’s stance, BJP MLA R.S. Pathania maintained that the imposition of PSA falls strictly within the jurisdiction of the District Magistrate and remains open to judicial scrutiny. “Due process has been followed, and the matter is sub judice,” he said.

The exchange quickly escalated into shouting matches, with Independent MLA Shabir Kullay attempting to storm the well of the House, prompting marshals to intervene.

Reservation Policy Under Scrutiny

The session’s turbulence extended to debates over the Union Territory’s reservation framework — particularly concerning Scheduled Tribes (ST) and Economically Weaker Sections (EWS).

Opposition legislators accused the government of “politicizing” reservation benefits and demanded the creation of an independent review body to oversee quota implementation.

“Reservation should empower marginalized communities, not become a political currency before elections,” argued PDP MLA Asifa Mir, urging a transparent audit of current allocations.

Several MLAs from remote districts of Jammu also pressed for region-specific reviews, citing uneven access to educational and employment quotas.

Speaker Calls for Calm and Dignity

Repeatedly interrupting the heated exchanges, Speaker Abdul Rahim Rather appealed for restraint and procedural order.

“Let every member, regardless of party, speak without fear. You may not like what someone says — but they have a right to say it,” he reminded the House.

Rather’s intervention drew applause from both sides, though disruptions continued intermittently through the afternoon sitting.

Political Fallout and What Lies Ahead

The detention of Mehraj Malik has become a rallying point for opposition parties, who are expected to seek judicial review and stronger legislative safeguards against misuse of the PSA.

AAP’s state leadership has condemned the detention as “selective and politically motivated,” while the NC and PDP have called for a bipartisan resolution demanding Malik’s release pending legal review.

Meanwhile, the reservation issue is set to dominate the remainder of the Autumn session, with government sources hinting that amendments to the existing Reservation Act could be tabled later this week.

Analysts say the dual controversies — one about political freedom, the other about social justice — underscore the volatile balance of governance in the Union Territory’s first full Assembly since the abrogation of Article 370.

For now, Speaker Rather’s plea for “decency amid disagreement” remains the only consensus point in an increasingly divided House.

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