• Sindh govt cites security concerns for their detention; 10 more activists arrested in Quetta
• BHC admits plea against Mahrang’s arrest, allows jail meeting
KARACHI / QUETTA: Police detained Baloch Yakjehti Committee (BYC) leader Sammi Deen Baloch under the Maintenance of Public Order (MPO) ordinance on Tuesday, shortly after a judicial magistrate ordered her release, along with four other activists in a case related to the violation of Section 144.
Defence counsel Jibran Nasir told Dawn that out of the five activists, only Sammi Baloch was detained by police under the MPO for 30 days, while the whereabouts of the other four remained unknown.
A day earlier, Sammi Baloch and several others were detained for holding a protest in violation of Section 144 against the recent arrests of its leadership, Dr Mahrang Baloch, and the police crackdown on its sit-in in Quetta.
On Tuesday morning, the investigating officer (IO) submitted a request before District and Sessions Judge (South) Suresh Kumar, seeking permission to produce the five arrested BYC activists before a magistrate at the judicial complex inside the central prison instead of the court concerned at the City Courts due to security concerns.
After obtaining permission from the sessions judge, the IO brought Sammi Baloch, Razzak Ali, Abdul Wahab, Shehdad and Sultan before Judicial Magistrate (South) Shahzad Khowaja.
Karachi Bar Association (KBA) President Aamir Nawaz Warraich, along with his cabinet members, was present in the court in support of the BYC activists.
After hearing arguments from prosecutor Shakeel Ahmed Abbasi and the defence counsel, the court discharged the activists under Section 63 of the CrPC and directed the IO to submit the challan within the stipulated time.
Explaining the reasons for discharging the suspects, the judge noted no one who commits a non-cognizable offence can be arrested without permission of a magistrate in terms of Section 4-(n) of the CrPC, nor can any investigation be initiated or conducted without such permission in terms of section 155-(2).
The court observed that when questioned, the IO and the prosecutor failed to provide satisfactory answers.
Later, Jibran Nasir told Dawn that the FIR was illegal and had been filed without the approval of the local authority, adding that the magistrate had ordered the suspects’ discharge and release.
Asked how many BYC activists were arrested or detained under the MPO after being released by the court, Mr Nasir said that out of the five, only Sammi had been detained, while the whereabouts of Razzak Ali, Abdul Wahab, Shehdad and Sultan were still unknown.
Detention order
According to an official order issued by the Sindh home secretary on Tuesday, the decision to detain the BYC activists was based on a letter sent by the IGP Sindh, citing apprehensions of law and order problems.
The order stated that the provincial police chief had written to the home department on March 25, reporting that Sammi Deen Baloch and four others — Abdul Wahab Baloch, Razzak Ali, Shehdad and Sultan — were “instigating the public to block roads and organise sit-ins in Karachi, which may disturb peace and tranquility and create serious law and order problems”.
“That such an act on their part will be highly prejudicial to the public safety and maintenance of public order,” said the letter. Thus, the IGP recommended detaining the said activists under the MPO-1960 for 30 days, it added.
The official order further stated: “On the basis of the request and considering the merits of the case, the government of Sindh was satisfied that there was a serious apprehension of public safety and in the interest of the country and public, the presence of above persons, at any public place was likely to pose grave threat to the public safety and can cause breach of peace and tranquility.
“Therefore, under section 3 (i) of the Sindh Maintenance of Public Order Ordinance, 1960, the government of Sindh has sufficient reasons to believe that the said persons be arrested and detained for a period of 30 days from the date of arrest. Their custody shall be placed under the senior superintendent Central Prison Karachi. They shall be at liberty to make representation to the provincial government against this order.”
Arrests in Balochistan
Meanwhile, police in Quetta arrested 10 more activists of the BYC and registered three cases against them. These cases were filed on Tuesday after the BYC workers blocked roads at Sona Khan Chowk, Qambrani Road and Western Bypass in Quetta. The cases were registered at the Sariab, New Sariab and Brewery police stations.
In addition to the arrested activists, BYC leaders, including Sabiha Baloch, Gulzadi Baloch, Shal Ali Baloch, Nosheen Baloch, Sabghatullah Baloch, Gulzar Dost Baloch and Riaz Gishkori, have also been named in the cases.
The cases, filed on complaints by police officers, include charges of property damage, illegal assembly, sedition, incitement to violence and spreading hatred.
The Quetta police have so far registered seven cases against more than 500 BYC leaders and activists, including Mahrang Baloch, at four different police stations. The Balochistan High Court on Tuesday admitted for hearing a petition filed against the arrest of BYC chief organiser Mahrang Baloch, and also allowed her to meet her relatives and lawyers in jail.
A BHC division bench, comprising Justice Rozi Khan Bareech and Justice Shoukat Ali Rakhshani, heard the petition filed by Nadia Baloch, the sister of Dr Mahrang.
The petitioner, through her lawyers Habib Tahir, Imran Baloch, Khalid Kubdani and Mudalfa Achakzai, argued that Mahrang Baloch was arrested under Section 3 of the MPO without any justification, violating Articles 15, 16, and 19 of the Constitution.
After hearing arguments from both sides, the bench accepted the petition for a regular hearing and issued notices to the federal interior ministry, the provincial home department and the Balochistan police chief.
The petitioner further requested the court to grant permission for family members and lawyers to meet Mahrang Baloch in district jail, as jail authorities had previously denied them access when they attempted to visit her.
The bench granted permission with an observation that every prisoner has the right to meet their lawyers and relatives.
Published in Dawn, March 26th, 2025