SC acquits two convicts in Baldia Town factory fire case

ISLAMABAD: The Supreme Court on Wednesday acquitted Abdul Rehman alias Bhola and Zubair alias Chariya in the Baldia Town factory fire case, setting aside the death sentences earlier awarded by an anti-terrorism court and later upheld by the Sindh High Court.

A three-member bench led by Justice Malik Shahzad Ahmad Khan allowed the appeals of the two men after concluding that the prosecution had not proved its case beyond reasonable doubt. According to the court, the appellants were entitled to the benefit of the doubt in view of the evidence and legal questions involved. The bench also included Justice Aqeel Ahmed Abbasi and Justice Shakeel Ahmad.

The Baldia Town factory fire took place on September 11, 2012, when a blaze swept through a garment factory in Karachi, killing 259 people and injuring many others. The incident claimed more than 260 lives. The two accused had faced charges including murder, extortion, arson and terrorism over their alleged role in the disaster.

Bench points to flaws in prosecution case

During the proceedings, the court identified a number of legal and evidentiary weaknesses in the prosecution case. It examined issues related to certain confessional statements and also considered questions linked to the alleged political affiliations of some of the accused.

Justice Malik Shahzad Ahmad Khan observed that the matter had become more complicated because political and legal issues had become intertwined. Justice Shakeel Ahmad, meanwhile, pointed to apparent inconsistencies between some statements available on record and the evidence before the court.

The bench also disposed of a petition filed by the Muttahida Qaumi Movement seeking removal of certain judicial observations, declaring it infructuous. The court noted that because the original judgment had been set aside, the remarks being challenged no longer had legal effect.

Applications by victims’ heirs rejected

The Supreme Court also rejected applications seeking to make the heirs of the deceased victims parties to the proceedings. The bench observed that joining a large number of parties in the case could unnecessarily lengthen the litigation.

In September 2023, the Sindh High Court had upheld the death penalties awarded to Abdul Rehman and Zubair, rejecting their appeals against the anti-terrorism court verdict. The trial court had convicted both men on charges of murder, arson, extortion and terrorism.

In the same round of proceedings, the Sindh High Court had also dismissed the government’s appeal against the acquittal of four accused, including MQM leader Rauf Siddiqui. It had, however, accepted the appeals of four others who had earlier been sentenced to life imprisonment and set aside their convictions.