KARACHI: The Sindh High Court on Thursday issued notices to the Sindh home secretary and others on a petition impugning the detention order of the Baloch Yakjehti Committee (BYC) leader Sammi Deen Baloch under the Maintenance of Public Order (MPO) Ordinance.

A two-judge bench of the SHC headed by Justice Zafar Ahmed Rajput also directed the jail authorities to allow the lawyers for the petitioner to meet the detained BYC leader at the detention facility.

Citing the home secretary, inspector general of police (IGP) and senior superintendent of Central Prison Karachi as respondents, Mehlab Deen Baloch approached the SHC and submitted that she was a sister of the detainee and sought her release.

Her counsel, Advocate Muhammad Jibran Nasir argued that the police had arrested Ms Baloch along with several others on March 24 for holding a peaceful protest near the Karachi Press Club in alleged violation of Section 144 of the criminal procedure code (CrPC) against enforced disappearances and human rights violations in Balochistan.

He submitted that a judicial magistrate had discharged her and four others on the following day under Section 63 of the CrPC. However,his client was arrested again from the judicial complex at the central prison under the MPO soon after the magistrate had acquitted her from the case. The counsel said that the impugned detention order was illegal and unlawful.

He submitted that Section 3(1) of the MPO explicitly stated that only the government, if satisfied, may direct the arrest and detention of an individual, but impugned order did not bear the decision or approval of the provincial cabinet rendering it ultra vires to the law.

Citing various judgements of the Supreme Court as well as the high court, the lawyer argued that any order for preventive detention must have the cabinet’s approval and thus, the order in the instant matter lacked legal sanctity.

After a preliminary hearing, the bench issued notices to the respondents as well as advocate general of Sindh for April 7.

Published in Dawn, March 28th, 2025