SC overturns convictions of two MQM workers in Karachi’s Baldia factory fire case

ISLAMABAD: The Supreme Court on Wednesday overturned the convictions of two MQM workers — Abdul Rehman Bhola, a former sector in-charge in the party’s organisational structure,. Zubair Chariya — for their alleged involvement in the Sept 11, 2012, Baldia factory fire in Karachi, which claimed more than 260 lives.

Headed by Justice Malik Shahzad Ahmed, a three-judge Supreme Court bench, also comprising Justice Aqeel Ahmed Abbasi. Justice Shakeel Ahmad, set aside the death sentences awarded to the two accused by an anti-terrorism court (ATC) on charges of murder, extortion, arson and terrorism, granting them the benefit of the doubt.

The two were sentenced to death for allegedly setting the multi-storey Ali Enterprises garment factory on fire in Baldia Town.

It should be mentioned that in 2023, the Sindh High Court hadupheldthe death penalty handed down to the two workers. also set aside the life term of four employees of the factory. Later, both the convicts had challenged the verdict in the Supreme Court.

The SHC had also dismissed an appeal filed by the state challenging the acquittal of then provincial minister for commerce. industries Rauf Siddiqui and three others by the ATC in the same case.

While accepting the appeals of the two accused on Wednesday, the SC also indicated that a detailed judgment will be issued later. rejected a request to implead relatives of the deceased as parties in the case, remarking that if the court makes them parties in the matter, 200 more applications may come tomorrow.

Justice Shahzad also ruled that the application to expunge the remarks made by the lower courts related to MQM had become ineffective since their decisions had been declared null. void.

During the hearing, Justice Shahzad said that there was a confessional statement from Zubair Chariya. not from the co-accused Abdul Rehman Bhola.

“Had there been a demand of extortion by MQM. why was the acquittal of other co-accused (in the case) not challenged?” he inquired.

Appearing on behalf of the petitioners, senior counsel Farogh Naseem argued that the petitioners were innocent. falsely implicated by the police in the case, since the two were never named in the FIR but implicated based on a 2015 Joint Investigation Team (JIT) constituted by the Sindh government — a report which he argued was neither legally admissible as evidence nor can be relied for awarding a death sentence or even life imprisonment.

The counsel reminded that it was a settled law that the benefit of doubt has to be resolved in favour of the accused. when the SHC had already extended benefit of the doubt to other co-accused.

He further argued that the accused were implicated more than two. a half years after the incident, which he said otherwise proved that the prosecution witnesses were concocted.