Quetta: The Balochistan High Court has dismissed a petition filed by social activist Dr. Mahrang Baloch seeking her release, stating that the petitioner must first approach the provincial Home Department regarding her arrest under public order laws.
The court was hearing a constitutional petition filed by Dr. Mahrang Baloch's sister, Nadia Baloch, challenging her detention under Section 3 of the Maintenance of Public Order (3 MPO). A bench comprising Chief Justice Muhammad Ijaz Swati and Justice Muhammad Amir Rana reserved the verdict on Friday and announced it on Tuesday.
The court ruled that since Dr. Baloch was arrested under directives from the Balochistan Home Department, it is the appropriate forum for redress before the High Court can intervene.
According to Dr. Baloch’s legal counsel, including senior advocates Senator Kamran Murtaza, Ali Ahmed Kurd, Sajid Tareen, and others, several FIRs were lodged against Dr. Baloch and members of the Baloch Yekjehti Council (BYC) in different police stations in Quetta prior to Eid-ul-Fitr. However, her initial arrest was made under 3 MPO on the orders of the Home Department.
Imran Baloch, counsel for the petitioner, told media that the petition was filed directly with the High Court because the Home Department had not followed the required legal procedure before issuing the arrest orders.
He explained that under 3 MPO, the concerned individual must first be issued a notice and summoned by the Home Department. Only if the individual fails to comply can arrest orders be issued.
As the court has now directed them to the appropriate forum, Dr. Mahrang’s legal team will now approach the Balochistan Home Department to challenge her arrest. If the Department upholds the MPO order, they plan to return to the High Court for further legal action.
