The Sindh High Court has dismissed the appeals challenging the death sentences of the then MQM activists Rehman Bhola and Zubair Charia in the Baldia factory fire case.
On the 11th anniversary of the fire that killed at least 260 workers at a garment factory, a two-member bench, led by Justice KK Agha, delivered a detailed 46-page written verdict on the government's appeals regarding the convictions and acquittals of various individuals connected to the case.
A special Anti-Terrorism Court had previously upheld the death sentences for the two accused.
The court rejected the government's appeals against the acquittal of four individuals, including MQM leader Rauf Siddiqui.
Read Baldia factory fire victims remembered
The court, however, did accept the appeals of those sentenced to life imprisonment including Arshad Mehmood, Muhammad Fazal, Shahrukh, and Ali Muhammad, acquitting them.
The written order highlighted several alarming issues within the case, including a substandard and flawed investigation, the protection of real culprits through a misleading FIR, and witnesses' reluctance to come forward due to fear.
The court also noted lack of efforts to prevent future incidents like this despite the loss of lives.
The court expressed its concern that the police had not conducted a thorough investigation and had instead blamed the factory owners and concerned government departments for not implementing safety measures.
In response to these findings, the court has ordered all factory owners in Karachi to fully adhere to safety protocols and mandated the Sindh government to conduct comprehensive inspections of all factories within six weeks.
Hammad Siddiqui, a proclaimed offender implicated in the case, has been absconding abroad for over a decade. The court has called for a report on efforts to bring him back to Pakistan, summoning the IG Sindh and home secretary to appear with the report on September 18.
Court sees links
The SHC stated in its written judgment that the forensic report clearly shows that the factory fire was not caused by a short circuit.
Evidence and witness statements confirm that Zubair Charya set fire to the factory.
Witnesses reveal that Abdul Rahman Bhola had connections with Zubair Charya.
Abdul Rahman Bhola was associated with the MQM sector in charge, while Zubair was an active worker of the town municipality. Both were present at the factory when the fire broke out.
On refusal of the factory owners to pay extortion money, Bhola and Charya played a significant role in setting the factory on fire.
Given the state of fear during those days, testimonies, even given two and a half years after the incident, have been accepted, the court observed.
Justice for survivors
MQM leader Rauf Siddiqui, speaking to the media after the hearing, expressed his anguish over the tragedy and called for justice. He emphasised the importance of a strong judicial system in fostering progress and highlighted the need for equal justice for all.
About the incident, Siddiqui stated that he had no involvement as the commerce minister whereas his party, MQM Pakistan, had focused on rescue efforts.
Hassan Sabir Advocate also commented on the case, stating that justice had not yet been served, and the families of the victims had not received compensation.
Published in The Express Tribune, September 12th, 2023.
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