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Rights activist Mahrang Baloch’s detention challenged in Pakistan’s top court

Petition urges Supreme Court to overturn the high court’s ruling, nullify the detention order, and order Mahrang’s immediate release

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Asma Kundi

Producer, Islamabad

Asma Kundi is a multimedia broadcast journalist with an experience of almost 15 years. Served national and international media industry as reporter, producer and news editor.

Rights activist Mahrang Baloch’s detention challenged in Pakistan’s top court
A file photo of Balochistan rights activist Mahrang Baloch.
@BalochYakjehtiC/X

The family of prominent human rights activist Dr. Mahrang Baloch has filed a petition in the Supreme Court of Pakistan, challenging the legality of her ongoing detention under the Balochistan Maintenance of Public Order (BMPO) Ordinance, 1960.

Dr. Baloch, 32, was arrested on March 22, 2025, by order of the deputy commissioner of Quetta and is currently being held at Hudda District Prison in Quetta. She faces charges of terrorism, sedition, and murder stemming from her involvement in protests against enforced disappearances and extrajudicial killings of Baloch activists.

The petition, submitted on Wednesday by Dr. Baloch’s sister Nadia through lawyer Faisal Siddiqi, contests a Balochistan High Court ruling from April 15, 2025, which dismissed an earlier challenge to her detention and referred the matter to a lower court.

It argues that the high court failed to exercise its constitutional jurisdiction and instead sent the case back to the same authority responsible for ordering the detention.

It notes that Dr. Baloch -- a globally recognized human rights advocate and leader of the Baloch Yakjehti Committee (BYC) -- was named one of Time magazine’s 100 most influential people of 2024 for her peaceful campaign against enforced disappearances in Balochistan. Her arrest came in the wake of a government crackdown on peaceful protests organized by the BYC earlier this year.

The petition argues that the detention order is unlawful, issued by an unauthorized official, and driven by mala fide intent to suppress dissent. It highlights that under the BMPO Ordinance, only the provincial government -- not a deputy commissioner -- has the authority to issue such orders.

It also raises concerns of double jeopardy, noting that two separate criminal cases have been filed against Dr. Baloch based on the same incidents cited in the detention order. This, the petition says, indicates a misuse of preventive detention laws.

Furthermore, the petition emphasizes that the high court failed to properly address the habeas corpus (a legal plea challenging unlawful detention) under Article 199 of the Constitution, instead deferring to a process that lacks independence and impartiality.

It calls for the Supreme Court to overturn the high court’s ruling, declare the detention order void, and secure Dr. Baloch’s immediate release. It also seeks interim relief by requesting a suspension of the high court’s decision while the Supreme Court considers the case.

As of now, the petition has not been fixed for hearing.

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