Two hundred and sixty people were killed in the fire at Ali Enterprises garments factory in Baldia Town on September 11, 2012. PHOTO: FILE
A two-judge bench, headed by Justice Naimatullah Phulpoto, dismissed the plea as the lawyer representing the applicant did not press the same. However, it directed the concerned anti-terrorism court to expedite the trial and conclude it as soon as possible.
The judges gave their verdict after hearing arguments from the defence’s lawyer, the special public prosecutor and the investigation officer.
Zubair had approached the court in April last year against the dismissal of his bail plea by the ATC, where the trial against Muttahida Qaumi Movement (MQM) leaders Hammad Siddiqui, Abdul Rauf Siddiqui, Abdul Rehman, alias Bhola and others is pending in the factory fire case.
Zubair's lawyer, Advocate Muhammad Tamaz Khan, argued that the prosecution had named his client almost two years after the incident took place. Justice Phulpoto asked was not it enough that the suspect had been named in the high-profile case. He went on to ask how many people were killed in the incident.
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The defence lawyer said it was an unfortunate and very tragic incident, but the matter needed further inquiry in regard to his client, who may be punished according to the law, if found involved in the alleged offence. He said that while the court might not order excluding the applicant's name from the case, he may be released on bail till the inquiry was completed.
The investigation officer, SSP Sajid Sadozai, read out the statements of the owners of the ill-fated Ali Enterprises and the co-accused. He argued that one witness deposed on December 22, 2016 that chemicals were sprinkled in the factory and Zubair had set fire to it.
The investigation officer claimed that the prosecution had enough evidence available against Zubair and Bhola, the alleged front-man in the case, who himself had confessed his role in the arson attack.
Justice Phulpoto asked whether the people (workers) were burnt to death. At this, the special public prosecutor Sajid Mehboob informed that initially the matter was poorly investigated. However, after the statement of another suspect Rizwan Qureshi, emerged the case was re-investigated.
He argued that statements of the factory's owners were recorded by a joint investigation team, which comprised officers of intelligence agencies. The JIT report revealed that the factory was set on fire and it was not an accident.
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Quoting the report, the prosecutor said the chief of the MQM's Karachi Tamzeemi Committee, Hammad, and Bhola wanted a share in extortion demanded from the factory's owners.
Mehboob argued that even after the factory was set on fire, the MQM leaders received more money from the factory owners.
After hearing arguments, the judges dismissed the bail plea. They further directed the ATC concerned to expedite the trial and conclude it as soon as possible, according to the law.
Case history
A JIT had found that Zubair, a supporter of the MQM who ran the finishing department at the ill-fated Ali Enterprises, came on the day of incident to the factory accompanied by Waseem Dehelvi and four others.
An accountant at the factory, Muhammad Arshad, testified that he saw Zubair handing out black shopping bags to the men accompanying him. Zubair was the first to toss a bag to the side of the warehouse and the rest followed course and threw their bags in different directions. The fire erupted within a short period of time, Arshad said.
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