He maintains that the sentence ‘suffers from the defect of ignoring testimonial, medical and other types of evidence’
Around 260 people died and several more were injured in the Baldia factory fire on September 11, 2012. PHOTO: FILE
KARACHI:
The Sindh government on Wednesday filed a review petition in the Karachi Registry of the Supreme Court against the judgment ordering acquittal and release of the accused in the Baldia factory fire case.
On June 10, SC acquitted two MQM workers, Rehman Bhola and Zubair Chariya, 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). The court had set aside the Anti-Terrorism Court rulings giving them the benefit of the doubt.
The review petition was filed by Sindh Attorney General Shabbir Shah. In the petition, the Sindh government requested the SC to reconsider its sentence.
The petition raised the legal question of whether Article 188 of the Constitution applies to a ruling that is “contrary to the facts and the law.” The Sindh government argued that the ruling “suffers from the defect of ignoring testimonial, medical and other evidence.”
The petition also questioned whether, under the Anti-Terrorism Law, the legal heirs of the victims could challenge the acquittal of the convicted. He further raised objections regarding the application of Articles 4 and 17 of the Qanun-e-Shahadat Order of 1984.
According to the petition, the ruling also ignored evidence from injured witnesses and experts about the use of chemicals to start the fire.
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.
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.
Read more: Chemical used in Baldia factory fire was ‘highly’ flammable, investigator says
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.
