SC rejects Sindh plea against Baldia fire acquittals

SC rejects Sindh plea against Baldia fire acquittals

The Supreme Court on Wednesday dismissed the Sindh government’s review petition challenging the acquittal of two accused in the Baldia factory fire case, leaving intact its earlier decision to overturn their convictions and death sentences.

A three-member bench comprising Justice Malik Shehzad Ahmed Khan, Justice Aqeel Ahmed Abbasi and Justice Shakeel Ahmad heard the review petition at the Supreme Court’s Karachi Registry. Additional Prosecutor General Sindh Saleem Akhtar appeared before the bench and presented arguments on behalf of the provincial government.

The Sindh government had filed the review petition on July 1 through Prosecutor General Shabbir Shah, asking the Supreme Court to reconsider its June 10 judgment that acquitted Rehman Bhola and Zubair Chariya, both described as workers of the Muttahida Qaumi Movement (MQM).

The two men had previously received death sentences from an Anti-Terrorism Court (ATC) over their alleged involvement in the Baldia factory fire. The Sindh High Court (SHC) later upheld the convictions and capital punishment. However, the Supreme Court overturned those decisions and extended the benefit of the doubt to the accused.

In its review petition, the Sindh government argued that the Supreme Court’s judgment had overlooked important pieces of evidence, including eyewitness accounts, medical evidence and other material presented during the trial. The provincial government urged the apex court to reconsider whether Article 188 of the Constitution allowed a review of a judgment that, in its view, conflicted with the facts and applicable law.

The petition also raised questions concerning the Anti-Terrorism Act and whether the legal heirs of the victims could challenge the acquittal of convicted individuals. The government further objected to the interpretation and application of Articles 4 and 17 of the Qanun-e-Shahadat Order, 1984.

According to the Sindh government, the earlier judgment also failed to give due weight to statements from injured witnesses and expert evidence concerning the alleged use of chemicals to ignite the fire.

The Baldia factory fire occurred on September 11, 2012, at the Ali Enterprises garment factory in Baldia Town, Karachi. More than 260 workers died after a massive fire engulfed the multi-storey industrial building, making it one of Pakistan’s deadliest industrial disasters.

The case remained in court for years, with investigators and prosecutors alleging that the fire was deliberately set. The convictions of Rehman Bhola and Zubair Chariya were based on allegations that they played a role in setting the factory on fire.

In 2023, the Sindh High Court rejected appeals against the death sentences awarded to the two accused after a special Anti-Terrorism Court had upheld the capital punishment. The Supreme Court’s June 10 ruling subsequently overturned those convictions and ordered their acquittal after finding that they were entitled to the benefit of the doubt.

With Wednesday’s dismissal of the review petition, the Supreme Court has maintained its earlier acquittal of the two accused.