SC acquits two death row prisoners in Baldia Factory case

Supreme Court on Wednesday acquitted Abdul Rehman Bhola, and Zubair Chariya, in the Baldia Town factory fire case.

The court set aside their death sentences that were earlier issued by a trial court and later upheld by the Sindh High Court.

During the hearing of the Baldia Town tragedy case in the Supreme Court, the court ruled that the detailed verdict of the case would be issued later. The court also rejected the applications of the relatives of the deceased to become parties.

During the hearing, Justice Shahzad Malik remarked that if a few people were made parties in the case, hundreds of similar applications could come up, which would unnecessarily complicate the proceedings of the case.

Justice Shahzad Malik said that the High Court had taken the position in its decision that the witnesses remained silent due to the influence of the MQM in Karachi at that time.

However, no confessional statement of Abdul Rehman Bhola is on record, while a confessional statement has been mentioned regarding Zubair Charia.

He inquired that if the extortion was sought in the name of a political party, why were the decisions against other acquitted persons not challenged in this case.

The court also remarked that a change of position or responsibility in a political party cannot itself constitute a crime. Farogh Naseem took the stand that Altaf Hussain was separated from the MQM after his speech on August 22, 2016.

He said that after the acquittal of the factory owners, an attempt was made to put all the responsibility on the MQM, although the situation was different at the time of the relevant incidents.

Justice Shahzad Malik remarked that evidence is required to prove any claim. He pointed out that no clear evidence was presented about Zubair Charia either that he was a member of the MQM.

Discussing the evidence in the case, the court also said that no evidence was found in the factory that could confirm the use of chemicals. Justice Aqeel Abbasi remarked that killing people deliberately was not part of the prosecution’s basic position.

Justice Shakeel Ahmed also questioned whether the accused had any benefit from harming the factory workers if their aim was to collect extortion, while Justice Shehzad Malik also inquired about the legal aspects of closing the factory.

Remeber the Baldia Town factory fire took place in Karachi on September 11, 2012. It remains one of Pakistan worst industrial disasters. The fire killed 259 people and injured many others. The two men had been accused of setting the factory on fire and demanding extortion money.

Justice Malik Shahzad Ahmad Khan said the case became more complicated because political and legal matters were closely connected.

In September 2023, the Sindh High Court had upheld the death sentences of Abdul Rehman and Zubair.

The court had rejected their appeals against the verdict of the anti-terrorism court. Both men had been convicted on charges including murder, arson, extortion, and terrorism for their alleged role in the 2012 factory fire.

The Sindh High Court had also rejected a government appeal against the acquittal of four other accused, including MQM leader Rauf Siddiqui.

At the same time, it accepted the appeals of four people who had been given life sentences and cancelled their convictions.