SHC gives nod to record statements via video link in Baldia factory case

Factory owners went abroad as living in Pakistan imperilled their lives, says public prosecutor

KARACHI: The Sindh High Court (SHC) rejected the accused, Rehman Bhola's appeal, filed against the decision of the trial court to record statements of factory owners through video link, in Baldia factory fire case.

During the hearing on Friday, Bhola's counsel argued before a two-member bench, comprising Justice Salahuddin Panhwar and Justice Shamsuddin Abbasi, that the request to record statements through video link was submitted by the prosecution instead of the petitioner. The court remarked that it didn't matter who submitted the request.

Bhola's counsel argued that the factory owners were also accused in the case initially and raised questions over them recording statements as witnesses now. The court said that it didn't agree with both the objections raised by him.

Special public prosecutor for the case, Sajid Mehboob Sheikh, said that factory owners, Arshad Bhaila and Shahid Bhaila, wanted to record their statements through video link. He informed the court that both of them had gone abroad as they were facing life threats in Pakistan. It is a sensitive case in which 259 people were burned to death and continue to live in Pakistan would have put the factory owners' lives at risk, he said.

The court remarked that there was no harm in using modern technology and statements of factory owners could be recorded through video link. Justice Panhwar said that it was unfortunate that we are still living in the old age. He remarked that aren't we aware of what opponents may have to go through in Pakistan and said that recording statements through video link should be made common practice.

"Do you want the factory owners to visit Pakistan only to record their statements?" he asked. Justice Panhwar made the observation that objections have been raised over factory owners giving statements through video links and not over their statements. In light of this observation, he asked, "Why do you want them to visit Pakistan?"

He said that anybody can file a plea to get their statements recorded through video link in all kinds of murder cases and it was necessary to provide security to witnesses in some cases. Everybody knows what happens with petitioners in this country and why can't the statements be recorded through video link, he added.

The court rejected the plea filed by Bhola, who is the primary suspect in the case.

According to Sheikh, police have nominated 768 witnesses in the case, of whom 396 have recorded their statements and 364 have been given up. Witnesses who have recorded their statements include the injured, eyewitnesses, affected family members, doctors, forensic and chemical experts and officials of relevant departments, he said.

Sheikh also claimed that Bhola has confessed to his crime and that all arrangements for recording factory owners' statements at the Pakistani Embassy in Dubai had been made at the trial court when the counsel for Bhola presented the notice issued by the high court.

He also filed a plea against the Investigation Officer, SSP Sajid Sadozai, for travelling abroad. In the plea, he requested to restrict Sadozai from travelling abroad until the witnesses' statements are recorded. The court issued notices to AG Sindh in this regard.

According to Sheikh, statements of only five witnesses, including the factory owners and the IO, are left to be recorded.

Torture case

In another case, the same bench gave a final warning to parties to submit their replies by September 26, over a plea filed against the alleged torture meted out to the former fisheries chairperson, Nisar Morai, inside the prison.

The plea filed by Seema Morai mentions that Nisar, a Pakistan Peoples Party leader and an MBBS doctor, had accused IG Prisons Nusrat Mangan of carrying out corruption inside prisons and had complained against him to the prison advisor. According to Seema, Nisar was taken inside the prison and brutally tortured after the prisons adviser left the place. She claims in the petition that Nisar was later shifted to Karachi Central Jail from Malir District Jail as revenge, and was tortured by Prisons Superintendent Waliullah while he was being shifted.

She requested that jail officials be stopped from torturing her husband and that court take notice of the case as her husband is diabetic and his life is in danger.

Jail officials and other parties sought a further extension from the court to submit their replies. The court gave last warning to the parties and asked them to submit their replies by September 26.

Verdict annulled

In a case pertaining to kidnapping and murder, a two-member bench, comprising Justice KK Agha and Justice Khadim Hussain Tunio, accepted the plea filed against the sentence awarded to Iftekhar and Ali Nawaz. It annulled the verdict passed by the trial court.

According to the prosecution, the accused kidnapped a jeweller, Aslam Sheikh, in 2008 and demanded Rs3 million as ransom. They killed Sheikh when they didn't get the ransom money. Aslam's body was found from Bahadurabad, as indicated by one of the accused, Nawaz.

The case against the accused was registered in Darakhshan police station.

Long duty hours

Another two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal, also sought replies from parties over a plea pertaining to the lack of policy and law regarding the appointment of security guards.

The plea was filed by All Pakistan Security Association against 12-hour-long shifts of security guards.

The counsel for the petitioner, Advocate Malik Tahir Iqbal, maintained that the National Bank of Pakistan has issued a tender notice for the appointment of 4,000 security guards across the country, which mentions that the duty timings for the appointed personnel will extend to 12 hours. He said that security guards suffer as there is no law or policy to limit their duty hours and no mechanism has been devised regarding their salaries and other allowances. Their duty hours should be limited to eight hours and in case they are required to work beyond the stated hours, a proper mechanism should be devised regarding it.

Justice Mazhar remarked that the appointment of security guards was an emerging issue and legislation was required to regulate the appointments and duty hours of security guards.

He said that guards often fall asleep due to tiredness, after working for long hours, which results in robberies and thefts taking place. Justice Mazhar remarked that the court will seriously look into the matter.

The court sought replies from the parties and adjourned the hearing.

Published in The Express Tribune, September 14^th, 2019.