Sister challenges Mahrang's detention in apex court

BHC dismisses Dr Mahrang's petition against her detention under Maintenance of Public Order (MPO) Ordinance

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ISLAMABAD:

A sister of Baloch rights activist Dr Mahrang Baloch has approached the Supreme Court against an order of the Balochistan High Court (BHC) in her sister's detention case.

A division bench of the BHC on April 15 dismissed Dr Mahrang's petition against her detention under the Maintenance of Public Order (MPO) Ordinance, 1960, stating that an alternative remedy was available to the activist in the shape of a representation.

The bench had also converted the petition into a representation and directed its office to present it before the competent authority constituted for the purpose of deciding representations under the MPO.

The petitioner, Nadia Baloch, contended that the BHC erred in holding that a petition could be filed before a court only after exhausting the option of filing a representation.

The petition argued that the high court in its writ jurisdiction is competent to intervene and directly grant relief to a petitioner by determining the legality of an MPO order without the need of the detained person making a representation.

It said that the BHC did not consider Dr Mahrang's right to file habeas corpus petition. "[This is her] high prerogative right and a constitutional remedy for all matters if illegal confinement," the petition said.