Quetta Bench rebukes government for delayed response in challenge to controversial law

Balochistan High Court. PHOTO: FILE


QUETTA:

In a significant development, a two-member bench of the Balochistan High Court, comprising Chief Justice Justice Muhammad Kamran Khan Mulakhail and Justice Najmuddin Mengal, has imposed an interim stay on the implementation of the Balochistan Mines and Minerals Act until the next hearing. The court directed the provincial government to submit its reply within the coming week, expressing strong displeasure over repeated delays.

The ruling came during proceedings on multiple constitutional petitions challenging the Act, which was passed by the Balochistan Assembly in March 2025. Senior politician and former Senator Nawabzada Haji Mir Lashkari Khan Raisani appeared before the court alongside his legal team, including advocates Muhammad Riaz Ahmad, Syed Nazir Agha, and Barrister Muhammad Iqbal Kakar. Advocate General Adnan Basharat represented the government.

Chief Justice Mulakhail voiced frustration at the government’s failure to file its response despite months passing since the petitions were filed. He ordered the reply to be submitted at the next hearing and explicitly barred any further action under the Act in the interim. Barrister Muhammad Iqbal Kakar told the media outside the courtroom that the government’s persistent non-compliance highlighted a lack of seriousness in addressing the legal challenge.

Speaking to reporters afterward, Nawabzada Lashkari Raisani hailed the court’s decision as a major victory for provincial rights and future generations. He emphasized that the Act, which critics argue cedes excessive control over land and mineral resources to provincial and federal authorities, potentially in violation of the 18th Constitutional Amendment, remains under scrutiny. Raisani recalled earlier assurances from political circles that the law would undergo a comprehensive review to prioritize Balochistan’s interests, yet no meaningful progress had followed despite his outreach to party leaders through letters and meetings.

“The High Court’s order banning all allotments and operations under the Act until the next hearing is a big success for us,” Raisani said. He reiterated that both the courts and public opinion serve as platforms to oppose what he has previously described as a ‘law for the plunder of resources,’ threatening the province’s natural wealth and the welfare of its people.

The petitions, filed by Raisani and others, contend that the legislation undermines provincial autonomy over minerals and fails to safeguard local benefits. Previous executive suspensions of the Act’s implementation had been announced amid political negotiations, but reports of ongoing tenders and allotments prompted renewed legal action.

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