Jammu and Kashmir AAP president and Doda MLA Mehraj Malik, who was lodged in jail under the Public Safety Act (PSA) last month, has now moved the High Court of J&K and Ladakh seeking to participate in the upcoming Rajya Sabha elections voting process.
The assembly session is likely on October 23, and bi-elections for four J&K Rajya Sabha seats will be held on October 24.
Justice Sanjay Dhar directed the government to file its reply after admitting Malik’s application. He was hearing the main habeas corpus petition filed by the politician.
Senior advocate Rahul Pant, along with advocates SS Ahmed, Muzaffar Iqbal Khan, Appu Singh Slathia, Tariq Mughal, M. Zulkarnain Chowdhary, and Joginder Singh Thakur, submitted that they have filed an application seeking permission for the detainee to participate in the upcoming assembly session and to cast his vote in the Rajya Sabha election.
On September 24, Malik filed a habeas corpus petition challenging his detention and claiming Rs 5 crore in compensation. Taking note of the plea, Justice Chatterji Koul had issued notices to the principal secretary of the Home Department of the J&K government, the Doda district magistrate, the senior superintendent of police, and the superintendent of Kathua district jail to file their responses by October 14, the next date of hearing.
Meanwhile, senior advocate Sunil Sethi and Senior Additional Advocate General Monika Kohli, appearing for the government of J&K, sought additional time to file a reply to the petition. After hearing both sides, Justice Sanjay Dhar listed the date to file the reply as October 18, with the main reply to be filed before November 7.
Malik's vote would be very important in the context of the fourth and highly contested Rajya Sabha seat in Jammu and Kashmir, where the BJP needs just two votes in comparison to NC, which has 24 votes, requiring six more to win.
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