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Balochistan HC steps in over "faceless" trials, restrictions on open court access

Balochistan HC steps in over "faceless" trials, restrictions on open court access

Balochistan [Pakistan], August 20 (ANI): The Balochistan High Court has issued notices to respondents on a constitutional petition challenging the legality of what the petitioners have described as "faceless" trial proceedings and restrictions on public access to court hearings, according to The Balochistan Post.
The petition was filed by Baloch Yakjehti Committee (BYC) leaders Mahrang Baloch, Beebow Baloch, Gulzadi Baloch, Sibghatullah Shah Ji and Beebarg Baloch, who are currently detained at Quetta District Jail and are facing ongoing legal proceedings, the report said.
According to The Balochistan Post, the Balochistan High Court issued notices to the concerned parties on August 11, 2026, following the filing of the petition challenging the application of Section 21 of the Anti-Terrorism Act and government notifications issued on October 10, 2025, November 24, 2025, and June 12, 2026.
The petition seeks a declaration that the challenged notifications are unlawful and unconstitutional, contending that they are inconsistent with Articles 4, 9, 10-A, 14, 25, and 175(3) of the Constitution of Pakistan, according to the report.
It also challenges trial proceedings allegedly conducted inside prison premises, under administrative pressure, or in the absence of the petitioners and their legal counsel. The petition seeks to have any such proceedings declared void, as reported by The Balochistan Post.
The petition further seeks the transfer of all pending cases and legal proceedings against the petitioners to another competent court. It also asks the court to restrain authorities from exerting administrative or governmental influence over judges or ongoing judicial proceedings, the report further noted.
The petition has also sought protection of the petitioners' right to legal representation of their choice, including an order preventing the appointment of substitute or state-appointed lawyers in circumstances that could affect that right.
It further calls for detainees to be provided confidential and unrestricted access to their lawyers to enable them to prepare their defence effectively, according to The Balochistan Post.
The petition also seeks restoration of open court proceedings with public access, as was the practice before the notification issued on June 12, 2026. The petitioners have argued that such access is necessary to uphold transparency, equality and due process, the report said.
BYC welcomed the issuance of notices by the High Court, describing it as an important development that would allow the legality and constitutionality of the challenged measures to be examined through judicial review. According to The Balochistan Post, the organisation said the respondents would now be required to submit their replies and explain the legal basis for the measures under challenge.
The organisation reiterated that the right to a fair and transparent trial should not be undermined by procedures that restrict public access to judicial proceedings. It said transparency, adherence to legal standards, and protection of fundamental rights should be ensured in cases involving political detainees and other accused persons.
BYC also raised concerns over closed-door or "faceless" proceedings, saying such measures could affect transparency, accountability and the accused persons' right to an effective defence. It maintained that judicial processes should not only comply with the law but also remain open to public scrutiny.
The organisation said the petition extends beyond the cases of its detained leaders and raises broader questions concerning judicial independence, transparency in court proceedings, due process, fundamental rights and the rule of law.
BYC said it would continue to pursue legal and peaceful avenues concerning the rights of its detained leaders and members while advocating transparent, open and fair judicial proceedings, as per The Balochistan Post. (ANI)

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