The Sindh High Court (SHC) has ordered the police to register cases of all deaths allegedly caused by toxic gas discharge from factories in Keamari in February 2020 and January 2023.
The petition seeking probe into deaths due to toxic emissions in February 2020 and January 2023 in Keamari was heard in front of a two-member bench headed by SHC Chief Justice Ahmed Ali Shaikh.
Sindh advocate general, the provincial police chief and other officials appeared in the court.
At least 14 people were killed and dozens rushed to hospitals with breathing problems after suspected soybean dust leakage in Keamari in February 2020. Last month, at least 18 people died allegedly of inhaling toxic fumes discharged from a plastic recycling factory.
The court asked IG Ghulam Nabi Memon why cases had not been registered despite there being 18 casualties. Memon told the court that the cases would be registered if people had come forth with complaints.
The court responded that it was the station house officer's (SHO) responsibility to register the case on behalf of the State. "Why was the SHO waiting for the heirs of the victims to come and register the complaint? Will people continue to die like this. Someone should be there who cares," the jurist remarked.
Justice Yusuf Ali Saeed concurred that the FIR should have been filed on behalf of the State.
Regarding investigations into the deaths allegedly by inhaling toxic fumes, Justice Shaikh inquired why post-mortem was done for one victim only. "Is this the level of the investigation?"
He rebuked the Sindh police chief that it was not possible to investigate the case without a post-mortem.
The petitioner's counsel submitted that the factory which was sealed had been reopened by the deputy commissioner.
Meanwhile, Keamari Deputy Commissioner Mukhtiar Ali Abro told the court that no death occurred due to toxic gas emission. "We are asking people to tell us where are the graves of the people who died due to toxic fumes. But no one is telling us," said Abro.
Justice Shaikh reprimanded the official, telling him not to talk about issues that weren't part of his responsibility.
Meanwhile, the top judge of the province said that incompetent officers should immediately be removed from the case and replaced with responsible officers.
The court directed the Sindh police chief to contact the families of those who died and register cases.
IG media talk
Later, in an informal conversation with the media after the hearing, IG Memon said that the chief justice had directed him to hand over the case to a team of senior officers and also consult other agencies in this matter.
The court has also said that a separate case should be registered at the Jackson police station against those who were involved in the deaths due to discharge of toxic fumes, Memon said. He said that one person was in custody while four others were on bail over last month's incident.
Published in The Express Tribune, February 8th, 2023.
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