KARACHI: The prosecution informed an antiterrorism court (ATC) on Monday that the initial investigation had unearthed that the Baldia factory fire incident was an act of arson, but the police authorities had changed the first investigating officer allegedly under pressure from the Muttahida Qaumi Movement leadership.

Special public prosecutor Sajid Mehboob Shaikh took this stance while initiating final arguments before the ATC-VII judge, who is conducting trial in the judicial complex inside the central prison.

More than 260 workers were burnt alive in the multistorey building of the Ali Enterprises garment factory on Sept 11, 2012.

Rauf Siddiqui, eight other MQM activists are charged with setting ablaze the industrial unit

Nine accused — including Muttahida Qaumi Movement leader and then provincial minister for commerce and industries Rauf Siddiqui, then MQM sector-in-charge Abdul Rehman, alias Bhola; Zubair, alias Chariya — have been charged with allegedly setting ablaze the ill-fated industrial unit with the help of its four gatekeepers — Shahrukh Latif, Fazal Ahmed, Arshad Mehmood and Ali Mohammad.

Basis for prosecutor’s arguments

Prosecutor Shaikh based his arguments on the testimonies of around 370 prosecution witnesses, including the first investigating officer of the case, Inspector Zafar Iqbal, saying the police’s first stance that an electric short-circuit had caused the fire in the factory was wrong.

He said IO Iqbal was assigned the investigation of the case a day after the incident, adding that he fulfilled legal formalities, including visiting the place of the incident, recording statements of the eyewitnesses, etc.

The officer prepared a site inspection note, which was also supported by over a dozen pictures, some showing the ill-fated factory building up in flames and others after the fire had been doused.

The site inspection note concluded that the pattern of the fire suggested that it was deliberately caused on the ground and second floors of the building of the garments factory since no traces of fire were found on the first floor, the prosecutor argued.

It further suggested that the fire was simultaneously started on the lower and upper floors while on the first floor even the threads in the needles of the sewing machines were found intact, suggesting that an accidentally caused fire would also have affected the middle portion of the building, he added.

He said the testimonies of the witnesses had proved the presence of detained accused Zubair, alias Chariya, who was also in charge of one section in the factory, at the industrial unit on the day of the incident, who had allegedly caused the fire with the help of his other accomplices.

The prosecutor mentioned that during the course of the investigation, IO Zafar Iqbal had also established the role of Zubair Chariya in the commissioning of the alleged crime and also raided his home to arrest him after getting an entry duly made in the official record of the New Karachi police station. He had even traced the places from where the accused persons had purchased chemicals that they used to ignite the fire, he added.

Withdrawal of probe from first IO

Further referring to the statement of the first investigating officer, Mr Mehboob argued that a day after raiding Chariya’s home the then DIG concerned summoned Inspector Zafar Iqbal in his office on Sept 19, 2012 to inform him that the investigation of the case had been withdrawn from him and assigned to Inspector Jahanzaib.

The prosecutor said that according to the statement of IO Iqbal the police high-ups withdrew investigation of the Baldia factory fire case from him allegedly due to pressure from the leadership of the Muttahida Qaumi Movement.

“So, within seven days the first IO (Zafar Iqbal) had unearthed that the fire was an act of arson instead of an incident,” the prosecutor said.

He also referred to the confessional statement of the second key accused, Abdul Rehman, alias Bhola, the then sector-in-charge of Baldia Town, allegedly recorded by him before the judicial magistrate concerned.

Sajid Mehboob Shaikh argued that Rehman Bhola had testified before the judicial magistrate that he had asked Zubair Chariya and others to put the factory on fire on the instructions of then chief of the MQM’s Karachi Tanzeemi Committee Hammad Siddiqui since the factory owners had refused to pay extortion and share in their business.

After three hours, the prosecutor was still on his heels when the court rested for the day.

The matter was fixed for Feb 14 for hearing further arguments from the prosecutor.

Published in Dawn, February 4th, 2020