Baldia Town Factory, Uzair Baloch cases: SHC orders to make JITs' reports public

Sindh High Court (SHC) on Tuesday ordered to make Joint Investigation Reports (JITs) to investigate cases of Baldia Town Fire Factory and Uzair Baloch public.

A division bench of SHC comprised Justice Muhammad Iqbal Kalhoro and Justice Shamsuddin Abbasi also directed to make JIT of case of Nisar Morai, former Chairman Fishermen Cooperative Society (FCS) public in the petition, seeking to publicize JITs to investigate cases of Uzair Baloch, Baldia Town Factory and Nisar Morai, which was filed by Ali Zaidi, a leader of Pakistan Tehreek-e-Insaf and sitting minister in the federal cabinet.

In the written order, court didn't see anything contrary to national security while making the JITs of these cases public and observed that no prejudice would be caused to either party or trial when most of the facts of these cases have already been brought to the knowledge of public through different mediums including print and electronic media.

In the order, court observed that the points which need to be noted are that whether in a civilized society a gruesome incident like Baldia Town Fire Factory resulting into death of 259 people and injuring about 600 persons can be tolerated and whether it would be justified to deprive families of the deceased and injured persons from knowing outcome of investigation done by JITs in those matters, and also in respect of other two incidents of Uzair Baloch and Dr Nisar Morai.

"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," court stated and added that to know, subject to certain restrictions, is a fundamental right of a person and which shall be the prime concern in a democratic setup of a government.

Court also noted that if the 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.

There appears to be no dispute that the reports prepared pursuant to the proceedings carried out by the JITs fall within the meaning of public documents as envisaged in Article 85 of Qanun-e-Shahadat Order, 1984, order maintained.