KARACHI: The Sindh High Court on Tuesday allowed a petition of a Pakistan Tehreek-i-Insaf (PTI) leader seeking to make public the joint investigation team (JIT) reports of the Baldia factory fire, alleged Lyari gangster Uzair Jan Baloch and former chairman of the Fishermen Cooperative Society Nisar Morai.

The two-judge SHC bench headed by Justice Mohammad Iqbal Kalhoro observed that it had not found anything in the JIT reports contrary to national security and if these reports were publicised, no prejudice would be caused to either party at trial.

PTI leader Syed Ali Zaidi, now a federal minister, had petitioned the high court in 2017 and submitted that these JIT reports had made startling disclosures about the involvement of politicians in crimes such as murder and extortion, adding that the relevant authorities were approached to obtain copies of the JIT reports of the Baldia factory fire incident, alleged crimes of Lyari gang leader Uzair Baloch and former FCS chairman Nisar Morai and to make them public, but to no avail.

The bench in its judgement, authored by the other member of the bench, Justice Shamsuddin Abbasi, said that whether in a civilised society a gruesome incident like the Baldia fire factory case resulting into the death of 259 people could be tolerated and whether it would be justified to deprive families of the victims of knowing the outcome of investigations done by the JITs in this matter and also in respect of the two incidents regarding Uzair Baloch and Nisar Morai.

Medical board told to submit report in boy’s arm amputation case

There would be no one to deny that it is a right of every citizen to know what happened at the specific time as determined by the JITs, it added.

“If such like incidents, which are barbaric in nature, happen and the public is deprived of access to the information qua the outcome of its investigations conducted by the JITs in regard to such incidents, it would mean that the democratic government is not interested in telling the people truth about those who are involved, which will result in weakening of the whole system”, the bench ruled.

While allowing the petition as requested, the bench further observed that while exercising constitutional jurisdiction, the high court was under bounded duty to not only safeguard but enforce the fundamental rights of the people, adding that it was not only the right of the families who were affected by these incidents, but every common man had the right to know the findings of the JIT reports exposing the actual wrongdoers.

Medical board asked to file written reply

Another division bench of the SHC headed by Justice Mohammad Ali Mazhar on Tuesday directed a medical board, which prepared an evasive report on the alleged negligence of a private hospital which led to the amputation of an arm of a 13-year-old boy, to submit its write-up by Feb 19.

The chairman and members of the medical board turned up before the bench on Tuesday and one of the members suggested that the boy may be referred to the Institute of Physical & Medical Rehabilitation, Dow University of Health Sciences, for the provision of an artificial limb and the parents of the victim also agreed to the proposal. They also sought time to submit a write-up on the next hearing.

Hamza Rehan Khan’s father petitioned the SHC and contended that the boy felt severe pain in his right limb during treatment at the Razia Medical Centre in June 2019 and thereafter he was brought to the Dr Ruth Pfau Civil Hospital, where his right arm was amputated because of septic reaction.

In the last hearing, the bench had come down hard on a medical board for preparing an evasive report and summoned all its members.

The medical board in its conclusion said: “In the background of above facts and findings it is not possible to pin down medically the cause of gangrene, so cannot charge the responsibility on any one”.

Published in Dawn, January 29th, 2020