Argues that the judgment “suffers from the failure to ignore eyewitness accounts, medical and other evidence”
Around 260 people were killed and several others injured in the Baldia factory fire on September 11, 2012. PHOTO: FILE
KARACHI:
The Sindh government on Wednesday filed a review petition with the Karachi registry of the Supreme Court against the judgment ordering acquittal and release of the accused in the Baldia factory fire case.
On June 10, SC acquitted two MQM workers, Rehman Bhola and Zubair Chariya, in the Baldia factory fire case, quashing the death sentences awarded against them by a trial court and later upheld by the Sindh High Court (SHC). The court overturned the judgments of the Anti-Terrorism Court, giving them the benefit of the doubt.
The review petition was filed by Sindh Attorney General Shabbir Shah. In the petition, the Sindh government requested the SC to reconsider its judgment.
The petition raised the legal question of whether Article 188 of the Constitution applies to a judgment “contrary to the facts and the law”. The Sindh government argued that the judgment “suffers from the fault of ignoring ocular, medical and other evidence”.
The petition also asked whether, under the anti-terrorism law, the victims’ legal heirs could challenge the acquittal of those convicted. He further raised objections regarding the application of Sections 4 and 17 of the Qanun-e-Shahadat Ordinance, 1984.
According to the motion, the ruling also ignored testimony from injured witnesses and experts regarding the use of chemicals to start the fire.
On September 11, 2012, more than 260 workers were burned to death in the multi-storey building of the Ali Enterprises garment factory in the town of Baldia, in what was the worst industrial disaster in the country’s history.
In 2023, the SHC rejected appeals challenging the death sentences handed down to the two MQM activists after a special anti-terrorism court upheld the death sentence imposed on them.
Learn more: Chemical used in Baldia factory fire was ‘highly’ flammable, researcher says
In its 46-page judgment, the SHC said the forensic report clearly showed that the factory fire was not caused by a short circuit. She further found that the evidence and witness statements confirmed that Zubair Chariya had set the factory on fire.
According to the record, Abdul Rehman was associated with the MQM as a sector in-charge, while Zubair was an active worker of the municipality. Both were present at the factory when the fire broke out.
