A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions while hearing a petition seeking recovery of a missing person Hafeez Baloch, a student of Quaid-i-Azam University (QAU).
The IHC bench also directed Secretary, Ministry of Interior to set up a mechanism to receive complaints from students belonging to the province of Balochistan and to ensure that they do not have any apprehensions while visiting their home towns in the province.
Justice Athar observed in his verdict, “The petitioners have raised questions of paramount public importance. The petitions have been pending since February, 2022 but response of the public functionaries has been disturbingly indifferent. The grievances are regarding grave violation of fundamental rights of students belonging to the province of Balochistan and who are enrolled in the Quaid-i-Azam University and other educational institutions across the country. They are aggrieved because they assert that the law enforcement agencies across the country are subjecting them to the detestable practices of “racial profiling” and enforced disappearances.”
During the hearing, the court was also informed that students have been abducted and illegally detained in the last two days and they referred to the cases of Bebagar Imdad and Dr Dildar Baloch.
The court said that the report submitted on behalf of Quaid-i-Azam University, prima facie, shows that the grievances are not baseless. It noted that “racial profiling” refers to discriminatory treatment and practices adopted by public functionaries, based on suspicion of crime because of an individual’s race or national origin.
The IHC Chief Justice said, “It is intolerable for any citizen to have reasonable ground to believe that he or she may be subjected to “racial discrimination.” This is definitely one of the worst forms of human rights violations and intolerable in a society governed under the Constitution. It, prima facie, appears to the Court on the basis of what has been observed during these proceedings that the grievances regarding racial discrimination, enforced disappearances and lack of response by state functionaries are not unfounded.”
“Keeping in view the grave nature of violation of fundamental rights and likely profound consequences of failure to urgently redress the grievances, the Court hereby appoints a Commission to enquire and investigate into the grievances of students belonging to the province of Balochistan regarding “racial profiling,” enforced disappearances and lack of response by state functionaries,” maintained Justice Athar.
He added that the Commission shall consist of the following: Sadiq Sanjrani, Chairman, Senate of Pakistan as the Convener of the Commission, Afrasiab Khattak, former member of the Senate of Pakistan, Asad Umer, General Secretary, Pakistan Tehrik-e-Insaaf, Raza Rabbani, former Chairman Senate of Pakistan, Kamran Murtaza, member Senate of Pakistan, Mushahid Hussain Syed, member Senate of Pakistan, Nasir Khosa, former Chief Secretary, Balochistan, Ali Ahmed Kurd, former President, Supreme Court Bar Association, Vice Chairman, Pakistan Bar Council, Secretary, Ministry of Interior, Government of Pakistan and Secretary, Ministry of Human Rights.
The bench also said that Secretary, Ministry of Human Rights shall forthwith issue a notification of the Commission and fix the date for its first meeting after coordinating with the members.
“The Commission shall thereafter formulate recommendations and submit its report before the Court. The Commission would be at liberty to add any other grievance in its terms of reference and to co-opt other members. The Court expects the Commission to complete its proceedings at the earliest,” maintained the court.
It directed the Secretary, Ministry of Human Rights to coordinate with the members of the Commission and submit a report on or before the date fixed and deferred the hearing till May 13.