ISLAMABAD  -   The Islamabad High Court (IHC) on Monday extended its restraining orders to the police from harassing Imaan Zainab Hazir daughter of Federal Minister Shireen Mazari and the Baloch students or causing arrest pursuant to registration of the FIR registered in the federal capital for staging protest outside the National Press Club

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition moved by Imaan Zainab Hazir wherein he had previously restrained the police from harassing her and the Baloch students or causing arrest pursuant to registration of the FIR registered in the federal capital for staging protest outside the National Press Club.

The IHC bench said that the court is, prima facie, satisfied that the FIR is liable to be quashed. It further said, “Moreover, the Court is of the view that authorities representing the federal government, by ignoring the voice and grievances of the peacefully protesting students followed by treating them otherwise than in accordance with law, have exposed themselves to be held accountable.”

“However, the Court exercises restraint pursuant to request made by the learned Attorney General. He has assured that he would look into the matter and advise the federal government accordingly. The court expects that the worthy Prime Minister and members of the cabinet i.e. the federal government will reach out to the students belonging to Balochistan to hear their grievances and thereafter take effective measures to address them,” maintained the court.

It continued that they are also expected to take effective policy decisions and immediate actions to dispel the apprehension or perception of being racially profiled by the law enforcement agencies.

It further said, “The injunctive order whereby respondents have been restrained from harassing or arresting persons pursuant to registration of FIR No.203/22, dated 01-03-2022, shall remain operative till the date fixed.”

During the hearing, Muhammad Shoaib Shaheen President, Islamabad High Court Bar Association, informed the court that he had visited the camp outside the National Press Club set up by the students belonging to Balochistan. He said that the students felt that they are being subjected to surveillance and racial profiling besides being ignored by the federal government.

Inamullah Khan, Secretary Ministry of Human Rights, said that report was sought from the local administration because the force used, prima facie, appeared to have been excessive.

Amir Ali Ahmed, Chief Commissioner Islamabad Capital Territory, appeared before the court along with Ahsan Younis, Inspector General of Police. The former assured that the matter would be probed and appropriate action would ensue.

The Attorney General for Pakistan stated that he would personally look into the matter and advise the federal government and the administration of the Islamabad Capital Territory accordingly.

The students belonging to Balochistan have been peacefully protesting in front of the National Press Club for several days and the court was informed that the camp established by them was an attempt to draw attention of the federal government to the alleged enforced disappearance of a student from Balochistan.

The court said in its written order, “It has not been denied that not any official or any member of the cabinet had made an attempt to reach out to these young citizens. It appears from the contents of the FIR that, prima facie, excessive force was used to disperse the students and uproot their camp despite peacefully protesting for several days.”

The court further said that it is not disputed that the flawed policies and bad governance during the past seven decades has given rise to grievances, which cannot and must not be ignored by the Federal Government.

“The students from Balochistan have been peacefully trying to draw the attention of the federal government by setting up a camp in the capital of Pakistan. Regrettably, no responsible representative of the federal government seems to have reached out to the young protestors. They had a legitimate expectation that they would not only be heard but effective decisions would also be taken to address their grievances. The attempt to remove their camp through use of excessive and unwarranted force, followed by registration of a criminal case was definitely abuse of state power, contrary to public interest and the fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973,” maintained the court.

Justice Athar continued that it is ironic and disturbing to have been informed that the young students from Balochistan feel that they are being ignored and subjected to racial profiling by the public functionaries. The conduct and indifference of the public functionaries representing the federal government and the administration of the Islamabad Capital Territory seem to have created such perceptions.

The court said that the federal government is headed by a worthy elected Prime Minister and assisted by members of the cabinet who had challenged before this court the imposition of section 144 of the Code of Criminal Procedure, 1898 and use of force so that they could hold their protest in 2014.

The bench said that it is, therefore, inconceivable nor expected that the students belonging to Balochistan would now be denied their rights guaranteed under the Constitution or feel aggrieved on account of their voice being suppressed or treated otherwise than in accordance with law. Moreover, the apprehension of being racially profiled is intolerable, unconstitutional and against the integrity of Pakistan.

Later, the court deferred the hearing till March 21 for further proceedings in this matter.