A five-member Constitutional Bench of Pakistan’s Supreme Court on Thursday referred a petition challenging the detention of Baloch Yakjehti Committee (BYC) leader Dr. Mahrang Baloch to the Practice and Procedure Committee, which oversees bench formation and case scheduling under the Supreme Court (Practice and Procedure) Act, 2023.
The petition, filed in June by Dr. Mahrang’s sister Nadia Baloch through senior counsel Faisal Siddiqi, seeks to overturn an April 15 order of the Balochistan High Court (BHC) that had dismissed a challenge to her sister’s detention under the Maintenance of Public Order (MPO) law.
The MPO allows authorities to detain individuals deemed a threat to public order for up to 30 days, with possible extensions.
The case was heard by a bench headed by Justice Aminuddin Khan and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, and Shakeel Ahmad.
During the hearing, Faisal Siddiqi argued that “this case should be fixed before a regular bench and not a constitutional bench”.
However, Justice Muhammad Ali Mazhar observed that the petition’s challenge to the MPO made it appropriate for the Constitutional Bench.
“Since you have challenged the MPO, that makes this a case for the Constitutional Bench,” Justice Mazhar said.
Siddiqi responded that his client had not sought an interpretation of the law but was specifically contesting the MPO detention order itself.
After brief arguments, the bench referred the case to the Practice and Procedure Committee for appropriate assignment.
Speaking to the media after the hearing, lawyer Jibran Nasir said the case “was not meant for a Constitutional Bench” and alleged that it had been “deliberately placed there to delay the hearing.”
He added that the hearing was expected to take place on Thursday, but since the case would now be listed before another bench, “the petitioner will have to wait longer.”
‘State intends to keep BYC leaders imprisoned,’ says Nadia Baloch
Meanwhile, Nadia Baloch, sister of Dr. Mahrang, accused the authorities of deliberately prolonging legal proceedings to keep BYC leaders behind bars.
“The cases against Dr. Mahrang Baloch and other Baloch rights activists are being subjected to unfair delays,” she said, alleging that hearings had been moved inside the prison “on government orders,” effectively stalling judicial progress.
She claimed that “new and fabricated charges” were being filed repeatedly to obstruct the release of detained activists.
“There are 25 FIRs registered against Dr. Mahrang Baloch and other activists in Quetta alone, and five more in Mastung,” she said. “Whenever bail is obtained in one case, a new case is immediately registered so that the cycle of detention continues.”
Nadia accused the Counter Terrorism Department (CTD), police, judiciary, and provincial government of collectively impeding the judicial process.
“Judges repeatedly make excuses that challans have not been submitted or that there are documentary deficiencies, so the hearings cannot proceed,” she said.
She added that holding hearings inside the prison was intended to “restrict media access and silence the voices of these leaders.”
Nadia also said that former senator Mushtaq Ahmed had recently been denied permission to meet the detained BYC leaders in Quetta, while she herself was stopped from visiting them.
Nadia urged the Baloch public “not to forget their imprisoned leaders,” saying the state’s strategy was to “keep Dr. Mahrang Baloch and others detained so that ongoing abuses in Balochistan remain hidden.”
She lamented that “this strategy appears to be succeeding.”