BEFORE THE, IRABLE ISLAI HIGH COURT ‘Writ Petition No.___/2023 Sammi Deen Baloch & 1 Other Versus Federation of Pakistan, ete. WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC ‘REPUBLIC OF PAKISTAN INDEX Sr. | Documents Detail Annex Date Page Number Writ Petition along with Affidavits I- 8 Dawn News Report A 11.12.2023 I-17 Express Tribune News Report B 2611203 |p _ 1g November Order in WP No. 794/2022 ce rons | 74 9, March Order in WP No. 794/2022 D (04.03.2022 a a/- 3s Images of use of water cannons and arrest of | E, F & G 20.12.2023 Mabrang Baloch ah 2 28 Exemption Application with Affidavits Log —3/ Power of Attomey Sa PETITIONER NO. /SAMMI DEEN BALOCH PETITIONER NO.2/ABDUL SALAM Through Counsel Imaan Zainab Hazir Advocate High Court, Scanned with CamScannerBEFORE THE HONOURABLE ISLAMABAD HIGH COURT Writ Petition No. 2023 ‘1, Sammi Deen Baloch d/o Dr. Deen Muhammad r/o Daak Khana Mushkeh Gaje, Teiki, Tehsil Mashkai, Awaraan, Balochistan, 2, Abdul Salam s/o Abdul Hakeem, r/o Muhallah Mengal Abad, Bolal Colony, Khuzdar, Balochistan, -+-Petitioners Versus 1, Federation of Pakistan, through Secretary, Ministry of Interior, Room No. 409, 4" Floor, R Block, Pak. Secretariat, Islamabad. Inspector General Police, ICT Islamabad. District Magistrate, ICT, Islamabad, ‘SHO Tarnol Police Station, Islamabad, ‘SHO Rama Police Station, Islamabai SHO Shalimar Police Station, Islamabad SHO Secretariat Police Station, Islamabad SHO G-7 Women’s Police Station, Islamabad ‘SHO Margalla Police Station, Islamabad Respondents WRIT PE} TON UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMI REPUBLIC OF PAKISTAN is respectfully submitted: 1. That the Petitioners are law-abiding citizens of Pakistan students and activists - striving for the rights of Balochistan’s forcibly disappeared and seeking justice for families of victims of extrajudicial executions in Balochistan. That the Petitioner No. 1 is the General Secretary of Voice for Baloch Missing Persons, and daughter of forcibly disappeared Dr. Deen Mohammad Baloch: That the Petitioners No. 2 is a Baloch student residing in Islamabad. 2. That the Petitioners being citizens of Pakistan and while exercising their fundamental right of speech and assembly on 20.12.2023 participated in the Long March Against Baloch Genocide, which left Turbat for Islamabad on 6 December after the extrajudicial execution of Baloch youth, Balach Baloch, by the Counter Terrorism Department, Balochistan. In this regard, a Division Bench of the Balochistan High Court had ordered immediate suspension of four CTD personnel in connection with the extrajudicial (Copy of Dawn News Report dated 11.12.2023 is attached as Annexure A: Copy of Express Tribune News Report dated 26.11.2023 is attached as Annexure B) 3. That the Long March Against Baloch Genocide is a grass-roots movement, led primarily by Baloch women and youth, and organized by the Baloch Yekjchti Committee (BYC), that has travelled from Khuzdar to Quetta; then to Kohlu, Barkhan, DG Khan, Taunsa Sharif, Dera Ismail Khan, finally arriving in Islamabad on the evening of 20.12.2023. Scanned with CamScanner@ +. That key among the March organizers and participants is Mahrang Baloch, who is allegedly being detained at the Ramna Police Station, along with at least 9 other women, 15 men and | child (namely Ali Sher), without any charge. ‘5. ‘That further, families of several forcibly disappeared persons have also been whisked away (0 undisclosed locations, including Mahzeb Baloch (cousin of Rashid Hussain, whose Writ Petition No. 2684/2022 is pending adjudication before this Honourable Court); Saira Baloch (who addressed this Court on 29.11.2023 in Writ Petition No. 794/202 about the forced disappearance of her two family members, Asif and Rasheed Baloch), Seema Baloch, and at least nine students, including at least two female students, namely Noor Jehan Baloch and Sadia Baloch. It merits mention that this Court had ‘observed in Writ Petition No. 794/2022, vide order dated 04.03.2022: “'S. It is noted that it is seditious to suppress voices of dissent or to discourage raising grievances against the State, its institutions or the public functionaries. Moreover, young citizens, particularly 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 participate in political debates, uninhibited and without fear." (Copy of order dated 29.11.2023 in WP No. 794/2022 is attached as Annexure C; Copy of order dated 04.03.2022 in WP No, 794/2022 is attached as Annexure D) 6. ‘That on the evening of 20.12.2023, the Long March Against Baloch Genocide arrived at the Islamabad Toll Plaza to be met with a huge contingent of armed police officials. That simultaneously, the families of missing persons protesting for over twenty days outside National Press Club were also surrounded by police officials and threatened with arrest. ‘The Petitioners, like all other peaceful protestors near the Toll Plaza and outside Press Club, being present in the sit-in demonstrations, fully observed the reasonability while exercising their right of freedom of expression and assembly. The Petitioners, like the hundreds of other peaceful Baloch protestors, marched from Turbat to Islamabad to be heard by the public functionaries but were instead subjected to indiscriminate use of force, while witnessing the arbitrary arrest of several Baloch youth, women and the elderly. (Images of use of water cannons and arrest of Mahrang Baloch are attached as Annexures E, F & G) 7, That at the time of filing the instant Petition, the majority of organizers and participants of the March are being detained at various police stations across the Federal Capital, while many are in hospitals suffering the consequences of unprovoked use of water cannons and baton charge by Islamabad Police. The names of some (86) of those arrested/detained are: 1) 2) 3) Iftikhar 4) Ibrar 5) Aabis 6) Masood Anwar 1) Zafar 8) Qasim Asghar 9) Sherjan Naseer 10) Qambar 11) Abdullah Murad 12) Thad Khan 13) Wali Jaan Scanned with CamScannerShoaib (Islamic University Student) Zakriya Shafgat Shahzaib Mehr Ullah Nasrullah Shareef Jaan, Sahir Ishaq Nooral Qaumi Yasir Husham Jamali Saced (Student at NUML University) Jasum. Haroon, Haris Danish Sameer Rehan Ashraf (Student at Arid Agriculture University, Rawalpindi) Noor Jan ‘Molluk ‘Mehr Baloch, Salma Siddique ‘Ajmal Mola Baaz ‘Yunus Jan Muhammad Barkat ‘Shahmeer Asad Zargul ‘Aneesa ‘Seema : Sahira Maryam Hafeez Ullah Saad Gunj Meeran Seeraj Noor Faraz. Sana Ullah gra Mahrang Baloch Mahzeb Baloch Saira Baloch ‘Seema Baloch Gulzar Dost Qasim Scanned with CamScannerAli Sher (Minot) ‘Abdul Waheed s/o Abdul Majid ‘Abbas Javed Zahoor Saif Israr Naseer Naghuman Mehmood Nasir B Bahadur 80) Adee! 81) Zaheer 82) Azum 83) aad Shah 84) Balakhsher 85) Ali Sher 86) Gohram peaceful demonstrations carried out by the Baloch protestors, the Islamabad Police, without any lawful reason and justification, began baton charge and use of water canons against unarmed protestors. In the freezing cold temperature of the Federal Capital, mothers, daughters and sisters of the forcibly disappeared were subjected to the use of water canons simply for attempting to voice their long-standing grievances against the illegal and unconstitutional practice of enforced disappearances and extrajudicial executions. This indiscriminate, arbitrary and excessive use of force by law enforcement personnel has violated the fundamental rights of the Petitioners and other protestors whose rights of expression and peaceful assembly are protected in the Constitution. 9. ‘That the Petitioners and other protestors received information that some terrorism-related fed and concealed to orchestrate further arrests of organizers of the Long March Against Baloch Genocide. That itis the apprehension of the Petitioners and other organizers and participants of the March that under the garb of a sealed/secret FIR, a series of arrests and re-artests may culminate, to suppress legitimate grievances of the disillusioned and dehumanized people of Balochistan, ‘That the Petitioners apprehend their arrest and humiliation at the hands of the Respondents, in violation of the right of all citizens to be treated in accordance with the law as envisaged in Article 4 of the Constitution of Pakistan. 11. That the Respondents have violated the fundamental rights of the Petitioners and hundreds of other peaceful protestors, in breach of the safeguards contained under Article 9 of the Constitution of Pakistan. Reliance is placed on PLD 2019 SC 318, wherein the Supreme Court of Pakistan held: “25. The Constitution does not specifically stipulate a right to protest. However, democracy recognizes such a right, and it was through democratic means that Pakistan was achieved. The people of the subcontinent acquired independence from British colonial rule by the efforts of the All India Muslim League and the Indian National Congress; they peacefully protested, demonstrated, held meetings ‘and expressed themselves through elections, as a consequence of which two independent countries, Pakistan and India, emerged. Our Constitution is moored in democracy. The ‘people of Pakistan have declared ‘that Pakistan would be a democratic State" and that iis citizens are ‘dedicated to the preservation of democracy.’ Citizens have the right to peacefully protest and hold demonstrations and may do so against any action or decision Scanned with CamScanneramen or authority. The right to protest is also implied in ‘the right to assemble sey in the right to form assoctations or unions’, in the ‘ight 10 form or bea member ofa political party’ and inthe ‘right fo freedom of speech and expression 12, That further, the Lahore High Court, in 2014 CLC 1558, held that peaceful protests, without carrying arms “by the disgruntled to voice their grievances are inherent democracy.” Therein, the Lahore High Court clearly stated that “unreasonable restrictions imposed by the Government such as blocking all roads, routes, highways, motorways by putting up barriers and placing containers are tantamount to denying, curtailing and abridging the fundamental rights enshrined in Articles 15 and 16 of the Islamic Republic of Pakistan...” That in the same judgment, the Court held that large-scale arrests “intended to prevent citizens from participating in processions are abhorrent to the spirit and mandate of the Constitution.” 13, That such heavy-handed tactics by the Government/Public Functionaries ate routinely adopted against Baloch youth, women and the elderly who travel from various parts of Balochistan to the Federal Capital solely for their grievances to be heard, Tlhat such brutal repression of legitimate grievances of persons belonging to Pakistan's most marginalized Province may result in catastrophic consequences for the integrity of the Federation. 14. That this Honourable Court has been vested by the Constitution of the Islamic Republic of Pakistan with wide powers under Article 199 to require any person acting no behalf of the State to do something which he/she is required by law to do or to refrain anyone from doing anything which is not required by the law. 15. That the Petitioner has no other efficacious remedy available except to invoke the ‘constitutional jurisdiction of this August Court. 16, That further grounds may be adopted atthe time of oral arguments with the permission of this Honourable Court PRAYER In view of the foregoing facts and circumstances, it is most respectfully prayed that this Honourable Court may be pleased to issue writ in the following manner: i) Declare thatthe acts of the Respondents denying the right of speech and assembly to the organizers and participants of the Long March Against Baloch Genocide illegal and unconstitutional; it) Direct the Respondents to immediately release the unlawfully detained protestors; iii) Direct the Respondents to furnish copies of FIRs registered against organizers and participants of the Long March Ageinst Baloch Genocide; iv) Direct the Respondents not to harass, humiliate and act in @ manner detrimental to the life and liberty of the Petitioners and parti ipants of the March; Such other relief that this Honourable Court deems fair and reasonable in the circumstances may also be granted. £ PETITIONER NO. 1/Sammi Deen Baloch PETITIONER NO. 2/ABGAl Salam, Scanned with CamScannerThrough Counsel Binam~ Imaan Zainal Hazir (Advocate High Court) ERTIFI CCenified that the Petitioner has not previously filed any petition on substantially the same subject ‘matter before any court of law; and this is the First Writ Petition filed on the aforementioned | subject, Denar ‘COUNSEL Scanned with CamScanner