SC dismisses Sindh review plea against acquittal in Baldia factory fire case

In the petition, the Sindh government requested the SC to reconsider its judgment. On June 10, the SCacquitted two MQMworkers, Rehman Bhola and Zubair Chariya, in the case, setting aside the death sentences awarded to them by a trial court and later upheld by the Sindh High Court (SHC).

The court had set aside the judgments of the Anti-Terrorism Court by extending to them the benefit of the doubt. A three-member bench comprising Justice Malik Shehzad Ahmed Khan, Justice Aqeel Ahmed Abbasi and Justice Shakeel Ahmad heard the review petitions.

Additional Prosecutor General Sindh Saleem Akhtar appeared before the court and presented arguments. The court also dismissed the petition seeking deletion of remarks concerning the MQM. the petition filed by the Sindh government raised the legal question of whether Article 188 of the Constitution applies to a judgment that is “contrary to the facts and the law”.

The Sindh government argued that the judgment “suffers from the defect of ignoring eyewitness, medical and other evidence”. The petition also questioned whether, under the Anti-Terrorism Act, the legal heirs of the victims could challenge the acquittal of convicted persons.

It further raised objections regarding the application of Articles 4 and 17 of the Qanun-e-Shahadat Order, 1984., the judgment also ignored the evidence of injured witnesses and experts regarding the use of chemicals to start the fire.

On September 11, 2012, more than 260 workerswere burnt alive in the multi-storey building of the Ali Enterprises garment factory in Baldia Town in what was the worst industrial disaster in the country’s history.

In 2023, the SHC dismissed appeals challenging the death sentences awarded to the two MQM activists after a special Anti-Terrorism Court had upheld the capital punishment handed down to them. Read more:Chemical used in Baldia factory fire was ‘highly’ inflammable, says researcher.

In its 46-page judgment, the SHC said the forensic report clearly showed that the factory fire had not been caused by a short circuit.

It further held that evidence and witness statements confirmed that Zubair Chariya had set fire to the factory., Abdul Rehman was associated with the MQM as a sector in-charge, while Zubair was an active worker of the town municipality. Both were present at the factory when the fire broke out.