Public Servant vs. Public Representative: MLA Doda vs. DC Doda

GNS ONLINE NEWS PORTAL

FROM EDITOR

JAMMU SEPTEMBER 10:-The debate over the use of the Public Safety Act (PSA) against AAP MLA Mehraj Malik has triggered a larger discussion on the difference between a public servant and a public representative, and the constitutional implications of detaining an elected lawmaker.

A public servant – such as a Deputy Commissioner (DC), police officer, or bureaucrat – is an employee of the government. Their accountability lies within the executive framework, governed by service rules, superiors, and the government of the day. Misconduct is dealt with through suspension, disciplinary proceedings, or trial under ordinary criminal law.

A public representative, like an MLA or MP, draws legitimacy directly from the people’s vote. Their accountability is threefold: political (to voters), constitutional (to the legislature), and legal (to the courts). Unlike bureaucrats, they are part of the democratic structure itself.

The Jammu and Kashmir Public Safety Act (PSA) empowers authorities to detain individuals without trial for up to two years in cases of security threats or one year in cases of public order. While intended for grave situations such as terrorism or smuggling, it has often been criticized for vague and arbitrary use.

Mehraj Malik, an elected MLA from Doda, is the first legislator to be detained under PSA. Legal experts note that the Act does not exempt MLAs, but applying it against a legislator bypasses the normal democratic and judicial processes. “If an MLA has committed an offence, prosecution under the IPC or CrPC is the lawful path, not preventive detention,” a senior lawyer observed.

Political leaders including Omar Abdullah, Aga Ruhullah, and Asaduddin Owaisi have condemned the detention, calling it an attack on democracy and a dangerous precedent. Critics argue that it undermines the people’s mandate and weakens legislative institutions by allowing the executive to silence elected voices.

Courts have consistently held that preventive detention should be used sparingly and never as a substitute for trial. Unless the government can prove that Malik posed an imminent and grave threat to national security, the use of PSA against him remains constitutionally and democratically questionable.

In contrast, a public servant like the DC Doda can be suspended or disciplined under service rules for any misconduct. But a public representative’s accountability lies in the courts and, ultimately, with the people. Applying preventive detention against an MLA, experts warn, risks eroding public trust in democracy itself.

Meanwhile, Malik’s detention has sparked mass protests by his supporters, voters, and followers across Jammu and Kashmir, with demonstrators demanding the immediate revocation of PSA and his release.