Baldia factory fire case : Police await court orders to register fresh FIR

Latest JIT report concluded incident was a planned terrorist activity.

KARACHI: It has been nearly four years since the country's deadliest fire claimed the lives of 259 workers and injured around 50 in Karachi on September 11, 2012.

Since then, authorities investigating the inferno have established that it was not an accident but a 'criminal act', and have identified those responsible but have still failed to make any headway in the case. A joint investigation team (JIT) 'reinvestigating' the Baldia factory fire case has come to the conclusion that the incident was a "planned sabotage and terrorist activity".

"Based upon available evidence and expert opinions, the JIT has come to the conclusion that the factory fire was a planned terrorist activity and not an accidental fire," stated the JIT report prepared in February this year.

A terrorist act was carried out due to refusal to pay extortion of Rs200 million and partnership in factory profits by the factory owners to office-bearers of the Muttahida Qaumi Movement (MQM), identified as Rehman Bhola and Hammad Siddiqui, states the JIT report.

Fresh FIR

JIT officials now recommend that a new FIR be registered in the case, containing relevant clauses of the Anti-Terrorism Act (ATA), 1997 and Pakistan Penal Code. "We have already recommended [in the JIT report] to lodge a new FIR against at least nine MQM men," said a member of the JIT requesting anonymity.

The name of Siddiqui, MQM's former Karachi Tanzeemi Committee in-charge, is on the top of the suspects' list while other party workers include Rehman Bhola, Zubair alias Charya and Waseem Dehlvi. Dehlvi, an active worker of MQM's unit 117 of Baldia Town sector, was killed in March last year due to alleged police brutality. He was arrested by the Aziz Bhatti police over his alleged involvement in the case from his home in Baldia Town.

"We will be able to ascertain the identities of the five unknown accomplices if one or all of the three identified suspects are arrested, said the JIT member. "After registering a new FIR, the case will be tried in the anti-terrorism court," said another JIT member. "There are two options:  one would be to submit a supplementary charge-sheet in the already under-trial case which will be difficult as already there are three charge-sheets submitted in the case but the nature of this fresh FIR is totally different from the earlier ones. The other option is very simple, which is to register a new FIR."

Awaiting court orders

According to police high-ups, the new JIT report has already been submitted in court. "The police are awaiting court orders in the Baldia factory fire case as the JIT report has been submitted in court," clarified Sindh IG Allah Dino Khawaja.

The JIT members say they will approach the special prosecutor to help police in registering a new case.

However, during a hearing of the case on May 28, investigating officer (IO), sub-inspector Jahanzaib, informed the sessions court that the JIT report was with the home department and the police had recommended re-registration of the case under the ATA.

District West judge Maqbool Memon had sought comments from the police over proceedings of the case, and expressed displeasure at the 'non-serious' attitude of the authorities.He had directed the IO to inform the court at the next hearing (on July 11) whether authorities were re-lodging the FIR or submitting a supplementary charge-sheet.

Kaimkhani's clean chit?

The second JIT member, when asked about the role of former MQM leader and now Pak Sarzameen Party leader, Anis Kaimkhani, said his direct involvement in the crime has not been found. "His name came to the surface as he, with the help of his alleged front man Abdus Sattar, reportedly embezzled the funds meant for distribution among families of the fire victims," he said.

Published in The Express Tribune, June 7^th, 2016.