Pakistani court directs Mahrang Baloch's family to approach home department for her release

A Pakistani court ruled on Tuesday regarding a petition seeking the release of Baloch activist Dr. Mahrang Baloch, directing the petitioner to approach the provincial home department for her release.

The Balochistan High Court (BHC) disposed of the plea by referring the petitioner to the relevant department for further processing and review.

Imaan Mazari, one of the lawyers for Baloch, called it a "complete abdication of responsibility" by the justice system, which has "put her at the mercy of the same administration that detained her".

The petition was filed by Nadia Baloch, the sister of Mahrang, who is the chief organizer of the Baloch Yakjehti Committee (BYC). Nadia challenged the detention of Dr. Mahrang and other activists.

The BYC is a prominent human rights organization that advocates for the rights of the Baloch people in Pakistan. Founded to address issues of enforced disappearances, extrajudicial killings, and political marginalization in Balochistan province, the BYC has gained significant support for its peaceful activism and advocacy work.

Dr. Mahrang and others were detained on March 22, 2025, during a sit-in protest in southwestern Balochistan, where demonstrators were calling for the release of BYC members.

The BYC later described the arrest as a "brutal pre-dawn crackdown by state security forces" on the protesters. Three demonstrators were killed during the confrontation, with authorities and protesters blaming each other for the deaths.

The hearing

The petition seeking the release of the detained activists was heard today by a division bench, consisting of BHC Acting Chief Justice Ejaz Ahmed Swati and Justice Muhammad Aamir Rana.

During the proceedings, the bench suggested that the petitioner first address their complaints to the provincial home department to determine whether the Maintenance of Public Order (MPO), under which the activists were arrested, was legally justified.

The petition was subsequently disposed of.

Lawyer questions legality of Baloch’s arrest

Mahrang’s lawyer Advocate Imran Baloch, in comments to Nukta, explained that the activist was arrested under Section 3 of the MPO law.

He added that on March 24, he and his legal team approached the deputy commissioner with a request to provide the official notification justifying her arrest, but no such document was shared.

During the court hearing, the lawyer informed the bench that Dr. Mahrang was being held under the MPO, but no arrest notification had been presented. He also requested the court to ask whether any FIRs had been registered and, if so, to provide copies.

He further elaborated that, under Section 3 and Subsection 6 of the MPO, authorities are required to notify the individual concerned and provide them with an opportunity to respond to any serious allegations, such as high treason or anti-state activities. He noted that the Constitution guarantees the right to a fair trial, freedom of movement, access to information, and freedom of association.

The proper procedure, he said, involves issuing an official notification only after this process is followed. If the person fails to defend themselves within 15 days, the MPO provisions may then come into effect.

"In our case, we moved the court because none of these legal procedures were followed by the authorities," the lawyer added.

"Had the proper process been adopted, we would have submitted a representation to the Home Department's committee, which includes the additional chief secretary and the secretary of the Home Department. But this requires the state to follow due process first."

He pointed out that by the time the hearing took place, three days had already passed, and the authorities only submitted the arrest notification to the court 18 days later.

Eventually, he said, the petition was treated as a representation and forwarded to the relevant committee of the provincial home department.

The lawyer concluded that since proper legal procedures were not followed, the only applicable recourse is constitutional protection — as the state had denied Dr. Mahrang her right to a fair trial and freedom of movement.

He also clarified that FIRs are not the deputy commissioner’s domain when a person is detained under the MPO.

Escalating tensions amid ongoing BNP protest

The Balochistan National Party (BNP-Mengal) has been leading a march against the detention of Baloch and other activists for three weeks, calling for the release of Dr. Mahrang Baloch and other female activists arrested last month.

Originally planned as a long march from Wadh to Quetta, the protest was disrupted by the provincial government, which imposed Section 144 in Quetta and used tear gas to prevent the demonstrators from entering the city. Consequently, the BNP convoy has camped at the Lakpass area in Mastung.

The march was initiated on March 25, shortly after a police crackdown on BYC members during a protest in Quetta.

In addition, the BNP-M on April 14 held a multiparty conference at Lakpass, where they rejected the National Security Council’s recent decisions, particularly its “hard-state” policy. The party reiterated its demand for the release of all detained female activists, leaders, and workers.

*With additional input from AFP