SC acquits two death row convicts in Baldia Town factory fire case

• SC overturns death sentences in factory fire conviction case.
• Bench rules prosecution fails to prove charges beyond doubt.
• Court rejects plea to include victims’ heirs in proceedings.

The Supreme Court on Wednesday acquitted Abdul Rehman alias Bhola and Zubair alias Chariya in the Baldia Town factory fire case, overturning the death sentences handed down by a trial court and later upheld by the Sindh High Court (SHC).

The Baldia Town factory fire, one of Pakistan’s deadliest industrial disasters, occurred on September 11, 2012, when a blaze engulfed a garment factory in Karachi, killing 259 people and injuring scores of others. The accused had faced allegations of arson and extortion in connection with the tragedy.

A three-member bench headed by Justice Malik Shahzad Ahmad Khan allowed the convicts’ appeals, ruling that the prosecution had failed to establish its case beyond reasonable doubt.

The court held that the accused were entitled to the benefit of the doubt in light of the evidence and legal issues involved.

The bench also disposed of a petition filed by the Muttahida Qaumi Movement, seeking the expungement of certain judicial observations, declaring it infructuous.

It observed that since the original judgment had been set aside, the remarks in question no longer carried legal effect.

During the proceedings, the court highlighted a number of legal and evidentiary shortcomings in the prosecution’s case. It raised questions over certain confessional statements and examined issues relating to the alleged political affiliations of some of the accused.

The bench further rejected applications seeking to implead the heirs of the deceased victims as parties to the case. It observed that allowing a large number of parties to join the proceedings could unnecessarily prolong the litigation.

Justice Shahzad remarked that the case had become more complex due to the intertwining of political and legal issues, while Justice Shakeel Ahmad pointed to apparent contradictions between some statements on record and the available evidence.

In September 2023, the SHC upheld the death sentences of MQM activists Abdul Rehman and Zubair in the Baldia Town factory fire case, rejecting their appeals against an anti-terrorism court (ATC) verdict.

The ATC had convicted them on charges of murder, arson, extortion and terrorism, sentencing both to death for their role in the 2012 fire that killed hundreds of factory workers.

The SHC also rejected the government’s appeal against the acquittal of four accused, including MQM leader Rauf Siddiqui, while accepting appeals of four others previously sentenced to life imprisonment and setting aside their convictions.