Court seeks arguments on recording of Baldia factory owners’ statements via video link

Prime suspect Rehman Bhola prayed the court to direct the owners to come in person to record their statement

KARACHI: The Sindh High Court (SHC) sought arguments on Wednesday from the parties in the Baldia factory fire case on September 13 over a plea filed by the primary suspect, Rehman Bhola, against the trial court's decision to record statements of the factory owners through video link. The deputy attorney-general argued before the two-member bench comprising Justice Shamsuddin Abbasi and Justice Adnan Iqbal that there was a precedent for video link recording in the Hussain Nawaz case.

The bench remarked that statements were also recorded through video link in former president General (retd) Pervez Musharraf's case.

The decision to record statements of the factory owners through video link was allowed by the anti-terrorism court. Bhola's petition argues that the peace and security situation in the city is better now and the factory owners should come here to record their statements.

However, the court had accepted the plea filed by Public Prosecutor Sajid Mehboob Sheikh to record their statements through video link.

According to Sheikh, 768 witnesses were nominated in the case. The statements of 396 witnesses have been recorded while the other 364 witnesses have been given up. The witnesses who have recorded statements include eyewitnesses of the incident, family members of the victims, doctors, forensic analysts, chemical experts and officials of other agencies. Bhola has also confessed to his crime.

Sheikh had also filed a plea pertaining to the case's investigation officer (IO), Sajid Sadozai, travelling out of the country. Sheikh's plea had maintained that the IO should be restricted from travelling till the statements are recorded. The court had issued these directives to the Sindh IGP.

According to Sheikh, only five witnesses remain whose statements have to be recorded. These include the factory owners and the IO among others. Suspects Bhola and Zubair Charya have been arrested. The case is in its last stage and the arrested accused are using delaying tactics now as they fear that the case will conclude against them. Accused Ali Hassan Qadri and former in-charge of Muttahida Qaumi Movement's (MQM) organisational committee Hammad Siddiqui are on the run.

Naqeebullah case

Meanwhile, Justice Adnan Iqbal Chaudhry refused to hear the plea filed by former Malir SSP Rao Anwar seeking permanent exemption from court appearance in the Naqeebullah murder case. The same bench was hearing Anwar's plea. The case has been forwarded to the SHC chief justice who has been asked to form another bench.

Anwar filed the plea in SHC against the verdict given by the ATC. The petition argued that Anwar should be exempted from the court permanently as his life was under threat.

Flies and garbage

A two-member bench comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal issued notices to the local government secretary, Karachi mayor and others once again due to the absence of the chairpersons of district municipal corporations (DMCs) and the representative of Karachi mayor at the hearing of the plea pertaining to garbage, dirt and flies in the city.

The court issued notices once again and directed the government bodies to submit their replies at the next hearing under any circumstances.

The petition stated that the offals of sacrificial animals were still present at various places in the city. There is a foul stench in the city and an outbreak of diseases including the Congo virus, throat infection and gastrointestinal diseases. It argued that Karachi's condition will only worsen if appropriate measures are not taken in time.

Published in The Express Tribune, September 12^th, 2019.