ISLAMABAD:
The Supreme Court on Wednesday acquitted two workers of the Muttahida Qaumi Movement (MQM) in the Baldia Town factory fire case, quashing the death sentences that had been awarded to them by a trial court and later confirmed by the Sindh High Court (SHC).
On September 11, 2012, more than 260 workers were burnt alive in the multi-story Ali Enterprises textile factory building in Baldia Town in what was the worst industrial disaster in the country’s history.
A three-member bench headed by Justice Shahzad Malik announced the verdict after hearing the appeals filed by Abdul Rehman alias Bhola and Zubair alias Chariya, admitting their pleas and extending them benefit of doubt.
The court held that, in light of the evidence and legal issues involved in the case, the defendants were entitled to acquittal.
The court also resolved a petition requesting the elimination of certain judicial observations, declaring it infructuous.
The court observed that since the original judgment had been set aside, the related observations automatically ceased to have legal effect.
During the proceedings, the court highlighted several legal and evidentiary weaknesses in the prosecution’s case.
Questions were also raised about certain confessional statements and issues relating to the alleged political affiliations of some of the accused.
The court also rejected requests seeking to impute the heirs of the deceased victims as parties to the proceedings. The court noted that allowing a large number of parties to join the case could unnecessarily prolong the litigation process.
Justice Malik observed that the case had been further complicated by linking various political and legal aspects, while Justice Shakeel Ahmad observed clear contradictions between certain statements and the available evidence.
In 2023, the SHC dismissed appeals challenging the death sentences imposed on the two MQM activists after a special anti-terrorism court had confirmed the capital punishment imposed on them.
In its 46-page judgment, the SHC said the forensic report clearly showed that the factory fire had not been caused by a short circuit. He further maintained that evidence and witness statements confirmed that Zubair Chariya had set fire to the factory.
According to the case file, Abdul Rehman was associated with the MQM as a sector in-charge, while Zubair was an active worker with the city municipality. Both were present at the factory when the fire broke out.
The appeals maintained that from the date of the incident till 2015, the police and the factory owners did not lodge any complaint or register a case for the alleged extortion.
They further allege that the prosecution had failed to record a report issued by the Science Laboratory of the University of Karachi to establish that the fire was due to a chemical substance.
