The Balochistan High Court (BHC) on April 15 rejected a petition seeking the release of detained human rights activist and Baloch Yakjehti Committee (BYC) organiser Dr Mahrang Baloch and others. Instead, the court has directed the petitioner to approach the Interior Ministry for further action regarding Mahrang’s incarceration. Besides, the outcome of petitions for the release of other BYC activists will also be dependent on what the ministry decides in Mahrang’s case.
This is unprecedented as the court has abdicated its responsibility and seem to have functioned as a subsidiary of the governments, both provincial and Federal. The court had reserved its verdict last Thursday and BYC activists were anticipating that its verdict would be out on Friday, a day later. However, it is now clear that pressure from intelligence agencies on judiciary has led to this delay and such sort of verdict.
It is an odd thing for a court to do as this practically means that it has not given its verdict either. That means it has created a situation wherein the petitioner cannot even approach the Supreme Court for relief. Instead, the government can now create a committee of bureaucrats to examine Mahrang’s case and decide it. However, petitioner and her sister Nadia Baloch has pointed out that this may take “one day or one year’’ depending on whims and fancies of officials.
The petition for Mahrang’s release had been filed by Nadia who had challenged the detention of BYC leaders under the Maintenance of Public Order (MPO) ordinance. This is an archaic colonial era provision of law which the British had used against those standing up to them and challenging their rule, according to some persons close to Mahrang. In an emergency press conference at Quetta Press Club, Nadia said that even the formalities mandated under MPO have not been completed.
One of the foremost things for detention under MPO is framing of charges against the accused. However, in this case, the details of charges against Mahrang have not been conveyed to her and this amounts to a violation of constitutional rights. Nadia read from a written script as she was flanked by lawyers who helped prepare the petition for the court.
The intelligence agencies had mounted pressure on Mahrang and other BYC activists that she should be ready to accept restrictive conditions in exchange for her release. The conditions which the security agencies of Pakistan wanted to impose on her were rejected out of hand by the central organiser of BYC.
According to journalists and those close to her, these terms included pledging not to associate with any group that may incite unrest, reporting “suspicious” individuals to police, avoiding public places like schools, parks, or stations, and seeking police permission before leaving home or meeting others. Various intelligence agencies had made it clear that Mahrang would be released only if she accepted these conditions and eschewed political activism of any type.
HC action unprecedented
The case was heard by a Division Bench comprising Acting Chief Justice Ejaz Ahmed Swati and Justice Muhammad Aamir Rana. The court converted the constitutional petition into a representation and sent it to the Balochistan Home Secretary for processing. This is a novel judicial verdict wherein judges have sent a petition to the executive which has been made a respondent in the case.
Speaking to reporters outside the court, Advocate Imran Baloch, who represents the petitioner, said the plea was seeking Dr Mahrang Baloch’s release and for the MPO order to be declared illegal. “We had asked the court to provide details of her case, that is our legal right,” she said. “However, instead of directing the government to provide those details, the court has told us to approach the home department.”
Dr Mahrang Baloch has been in custody and lodged in a jail since March 22 under the MPO law as she was arrested in provincial capital Quetta. She was picked up by the police during a sit-in protest in Quetta, organised by the BYC, demanding an end to enforced disappearances and the release of detained activists, according to The Balochistan Post.
Abdication of responsibility
Reacting to the court’s decision, prominent lawyer and human rights advocate Imaan Mazari accused the judiciary of failing to uphold its constitutional duties. “Leaving Dr Mahrang Baloch at the mercy of the same executive which dishonestly detained her and other BYC leaders is a complete abdication of responsibility,” she wrote on social media platform X.
“The MPO order should have been set aside and the High Court should have issued directions to have Dr. Mahrang Baloch released. But there are no courts in this country. So perhaps expecting justice is a bit too much.”
BYC future plans
The Baloch Yakjehti Committee, led by a coalition of female organizers including Dr. Baloch, continues to hold sit-ins and rallies demanding justice. Protesters have vowed to expand their movement if the state does not halt its repressive actions. In the press conference, BYC activists conveyed to journalists that the committee’s further action plan will be finalised soon and shared with all.
In response to her continued detention and the broader crackdown on the BYC, large-scale protests have erupted across Balochistan, including in Turbat, Panjgur, Gwadar, Khuzdar, Surab, Nushki, Kalat, and Awaran. These demonstrations have seen participation from students, women, and the elderly, calling for the release of Mahrang Baloch and an end to enforced disappearances and state violence in Balochistan.
