By Aitzaz Ibrahim
LAHORE
The Sindh government has filed an appeal before the Sindh High Court (SHC) challenging the acquittal of Baloch Yakjehti Committee (BYC) leader Dr Mahrang Baloch in a sedition and public mischief case, after she was cleared of the charges by an anti-terrorism court (ATC) in Karachi on Dec 3. The SHC has issued notices to Dr Mahrang and other respondents and fixed December 24 for the next hearing.
The appeal was submitted by Acting Prosecutor General Muntazir Mehdi, who argued that the ATC misread and misinterpreted the available material while accepting Dr Mahrang’s acquittal plea at the pre-trial stage. A two-judge SHC bench headed by Chief Justice Zafar Ahmed Rajput took up the matter and directed the parties to appear on the scheduled date.
Dr Mahrang Baloch, a prominent BYC organiser, is currently incarcerated at the Quetta prison in connection with separate cases.
However, the present matter concerns a case registered against her in Karachi in October 2024. She was booked by Quaidabad police on October 11, 2024, under terrorism, sedition and related offences for allegedly inciting people by making “allegations against security institutions”.
The first information report (FIR) was lodged on the complaint of a resident, Asad Ali Shams, who claimed the activist was inciting violence and creating unrest in his area. The complainant alleged that she was instigating people against the state and its institutions, and further accused her of having links with terrorist groups operating in Balochistan.
The case was registered under Section 7 of the Anti-Terrorism Act (ATA) 1997, along with multiple provisions of the Pakistan Penal Code (PPC), including Sections 124-A (sedition), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 153-A (promotion of enmity between groups), 500 (defamation) and 505 (statements conducing to public mischief).
The matter came before ATC Judge Ayaz Mustafa Jokhio, who announced a reserved verdict on Dr Mahrang’s acquittal plea filed by Advocate Jibran Nasir. The judge held that the material on record did not support a likelihood of conviction.
The written order stated: “I am of the view that there is no probability of the accused being convicted of any offence. I hereby allow this application and acquit the accused, Mst. Mahrang Baloch, d/o Abdul Ghaffar.”
BYC activists had described the case as “fabricated” and said it reflected increasing discomfort on the part of authorities with her activism. The ATC decision resulted in her acquittal from the case, although she remained in custody in other matters.
In the appeal filed before the SHC, the acting prosecutor general contended that the ATC order was passed prematurely.
The appeal states that the trial court accepted the acquittal application at a stage when evidence had not yet been presented. The prosecution argued that it had informed the trial court about the availability of sufficient evidence, which it intended to produce during the trial, but the court acquitted the accused before witnesses could be examined.
The appeal maintains that the trial court’s decision deprived the prosecution of the opportunity to present its case in accordance with law. It further argues that the ATC should not have assessed the merits of the evidence at the pre-trial stage and should have allowed the trial to proceed.
The SHC bench, after hearing the arguments on the maintainability of the appeal, issued notices to Dr Mahrang and relevant respondents and scheduled further proceedings for December 24.