| Citation(s) |
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| 2026 SLD 3604 2026 SLG 3604 = 2026 SCP |
Supreme Court of Pakistan
CRIMINAL PETITION NOs. 178-K/2023, 179-K/2023, 110- K/2021, 111-K/2021 AND 231-K/2023 On appeal against the judgment dated 11.09.2023, of the High Court of Sindh at Karachi in Special Criminal A.T.A No.133 of 2020, Special Criminal A.T.A No.134 of 2020 and Confirmation case No.06 of 2020
Presented By: JUSTICE MALIK SHAHZAD AHMAD KHAN JUSTICE AQEEL AHMED ABBASI JUSTICE SHAKEEL AHMAD
Dr. Muhammad Farogh Naseem ASC Mr. Hassan Sabir ASC (In Cr.Ps. 178-K, 179-K & 231-K/2023) Mr. Faisal Siddiqi ASC assisted by Syed Huzaifa Shah Advocate (In Cr.Ps. 110-K & 111-K/2021)
CRIMINAL PETITION NOs. 178-K/2023, 179-K/2023, 110- K/2021, 111-K/2021 AND 231-K/2023 On appeal against the judgment dated 11.09.2023, of the High Court of Sindh at Karachi in Special Criminal A.T.A No.133 of 2020, Special Criminal A.T.A No.134 of 2020 and Confirmation case No.06 of 2020
Presented By: JUSTICE MALIK SHAHZAD AHMAD KHAN JUSTICE AQEEL AHMED ABBASI JUSTICE SHAKEEL AHMAD
Dr. Muhammad Farogh Naseem ASC Mr. Hassan Sabir ASC (In Cr.Ps. 178-K, 179-K & 231-K/2023) Mr. Faisal Siddiqi ASC assisted by Syed Huzaifa Shah Advocate (In Cr.Ps. 110-K & 111-K/2021)
Muhammad Zubair @ Chariya (In Cr.P. 178-K/2023) Abdul Rehman @ Bhola (In Cr.P. 179-K/2023) Husna Khatoon etc (In Cr.Ps. 110-K & 111-K/2021) Muttahida Qaumi Movement Pakistan through its Convener Dr. Khalid Maqbool Siddiqui (In Cr.P. 231-K/2023) … Petitioners
VERSUS
The State through PG Sindh and another (In Cr.Ps. 178-K. 179-K & 231-K/23) ATC Court VII, Karachi and others (In Cr.Ps. 110-K & 111-K/2021) …Respondents
Law: Pakistan Penal Code, 1860
Section: 302,324,337,384,385,386,435,436,109,34
Law: Anti-Terrorism Act, 1997
Section: 7(a),7(b),7(c),7(h), 21-I
Law: Code of Criminal Procedure, 1898
Section: 382-B,164
Summary: The Supreme Court considered multiple connected petitions arising from the Baldia Town Ali Enterprises factory fire (FIR dated 12.09.2012) in which 264 people died and about 60 were injured; after reviewing evidence, delays, retracted confessions, belatedly introduced prosecution theories (ransom and arson by MQM-affiliated employees), missing forensic corroboration, withheld CCTV recordings, and unreliable/witness-improvement issues, the Court held the prosecution failed to prove guilt beyond reasonable doubt and acquitted Muhammad Zubair Charya and Abdul Rehman Bhola while disposing related petitions as infructuous. Core points: The fire caused 264 deaths and ~60 injuries; FIR originally named factory owners for negligence, not the eventual petitioners. After ~2 years a new prosecution story implicated petitioners, alleging ransom demand and intentional arson by sprinkling chemicals. A key judicial confession was retracted and lacked independent corroboration; it was recorded after a 9-day delay in custody. Forensic reports did not detect chemicals on recovered items; scene preservation and delayed collection undermined FSL evidence. Injured witnesses (34 gave evidence) did not implicate the petitioners; many prosecution witnesses were previously accused or changed versions. CCTV recordings from the factory (installed) were not produced; adverse inference was drawn against the prosecution. Several witnesses made later "improvements" or gave belated statements after moving abroad, weakening their reliability. Court held motives and probabilities cannot replace conclusive proof; multiple doubts sufficed for acquittal. Result: convictions and death sentences of the two petitioners were set aside and they were acquitted; related petitions were disposed as infructuous. Laws and sections Law Section Topic / Use Pakistan Penal Code (PPC) 302 Murder Pakistan Penal Code (PPC) 324 Attempt / causing hurt by dangerous act Pakistan Penal Code (PPC) 337 Hurt-related offences Pakistan Penal Code (PPC) 384 Extortion Pakistan Penal Code (PPC) 385 Putting person in fear of extortion Pakistan Penal Code (PPC) 386 Extortion by threat of death or grievous…