No silence for Balochistan students: Justice Athar Minallah

No silence for Balochistan students: Justice Athar Minallah

Islamabad High Court (IHC) Chief Justice Athar Minallah on Friday observed that suppressing the voices of dissent or discouraging raising grievances against the state, its institutions or the public functionaries was sedition.

The observation came in a written order following the hearing of a petition filed by Imaan Zainab Hazir-Mazari -- the daughter of Human Rights Minister Shireen Mazari -- in connection with a case regarding an ongoing protest against a Baloch student's disappearance outside the National Press Club in the federal capital.   The court observed that raising slogans, “no matter how harsh”, could not be treated as an act of criminal conspiracy or offence.

The IHC chief justice’s five-page order further stated that "young citizens, particularly those belonging to the province of Balochistan ought to be encouraged by the state and public functionaries to express themselves and to create an enabling environment so that they may participate in political debates, uninhibited and without any fear”.

The IHC summoned the secretary Ministry of Interior, chief commissioner Islamabad Capital Territory, Inspector General of Police, Islamabad Capital Territory Police and the secretary Ministry of Human Rights to justify the excessive force used against Baloch students in Islamabad by the registration of a criminal case.

"They are expected to satisfy the court, having regard to the fundamental rights guaranteed under the Constitution. In case they fail to satisfy the Court, then they are expected to identify the officials responsible for violating the rights of members of a peaceful assembly and the mode for ensuring their accountability,” the order read.

It furthered that acts of “violence and amounting to sedition on part of state functionaries are unpardonable and intolerable”. The court forbade capital police from harassing any citizen or causing arrest pursuant to registration of the FIR, till March 7. "The state and the institutions exist to serve and protect the citizens from harm and to enable them to exercise and enjoy their fundamental rights guaranteed under the Constitution. Suppression of or interference with peaceful assembly through use of force and abuse of power is the gravest transgression and breach of the fiduciary duty,” the order stated.

The court also noted that such abuse of power was not the first case that had been brought before the IHC. It maintained that the repeated abuse of powers to target certain classes and to suppress dissent, criticism and political debate was intolerable in the capital of the Islamic Republic of Pakistan, which is governed under the Constitution.

On March 1, students of the Quaid-e-Azam University, mostly belonging to the province of Balochistan had arranged a peaceful meeting near the press club to raise their voice and protest the alleged

enforced disappearance of one of the students, Hafeez Baloch.