The Sindh High Court admitted a plea on Monday challenging the sentences awarded by an anti-terrorism court to the convicts in Baldia factory fire case.
The bench, headed by Justice KK Agha, issued a notice to Sindh prosecutor-general over the convicts' appeal against their sentences.
Convicts Zubair alias Charya, Rehman alias Bhola, Fazal Ahmed, Hakeem and Arshad Mehmood maintained in the plea that the gates of the Ali Enterprises garment factory were locked on the day of the fire.
According to them, the gates, which were the only way out of the building, were locked on the orders of the factory owners. There was no emergency exit for the factory workers to leave the premises, they added.
The petitioners argued that innocent lives were lost due to the negligence and mala fide intent of the factory owners and the authorities. They further asserted that the police had initially declared the factory owners responsible but the owners were later declared innocent in the joint investigation team's (JIT) report.
According to the convicts, the ATC's verdict is against the rule of law for the trial court did not analyse the evidence thoroughly.
No CCTV footage was provided as evidence and no witnesses were produced before the court regarding the charges of extortion, argued the petitioners.
The convicts prayed the court to annul the ATC's verdict.
The SHC bench sought a copy of the ATC verdict as well as case records from the parties within four months.
On September 11, 2012, at least 264 workers were killed in the inferno at the garment factory in Baldia Town. After trials dragging on over eight long years, it was concluded that the factory was set ablaze by workers of the Muttahida Qaumi Movement over the owners' refusal to pay extortion money.
The ATC's trial concluded with death sentences awarded to Zubair alias Charya, Rehman alias Bhola, as well as the convictions of Fazal Ahmed, Hakeem and Arshad Mehmood and one other accused.
The court acquitted other accused including Rauf Siddiqui, Iqbal Adeel Khanum, Umar Hassan and Dr Abdul Sattar Khan due to lack of evidence against them. The incident and subsequent inquiries also shed light on hazardous working conditions for labourers.
Missing persons
Separately, the SHC issued notices to the Sindh home department, Sindh IGP and other parties over pleas seeking recovery of missing persons.
The petitioners' counsels maintained that Mehboob Ali, Amin and other citizens were picked up by individuals dressed in police uniforms and plain clothes. The authorities did not make the detention of these citizens public nor did they produce them before any court, maintained the counsels.
Arguing that the lives of missing persons were in danger, the counsels prayed the court to direct authorities to recover said persons immediately.
The court issued notices to the parties and sought replies on November 10.
Prisoner verification
Meanwhile, a two-member bench headed by Justice Muhammad Ali Mazhar directed authorities to submit a detailed a report on biometric identification of prisoners in Sindh's jails. The court was hearing a plea seeking biometric identification of prisoners in the province.
This case has been facing delays since 2013, maintained the petitioner. He contended that jail authorities conspired to imprison individuals who are the namesakes of suspects in exchange of money instead of arresting and imprisoning the actual accused suspects.
According to the petitioner, investigations show that in 41 cases, persons who have the same name as the nominated accused have been imprisoned instead of the actual accused. The SHC had directed authorities to identify and imprison prisoners using a biometric verification system, maintained the petitioner.
The additional advocate-general told the court that the biometric identification process has been initiated for prisoners in Karachi Central Jail and district jails in Malir and Hyderabad.
The bench expressed annoyance at the relevant authorities for continuous delays in the matter.
It directed jail authorities to make the required arrangements with the assistance of the National Database and Registration Authority (NADRA) and submit a detailed report in court by November 3.
Published in The Express Tribune, October 13th, 2020.
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