Court rejects police report on Keamari toxic gas deaths for excluding key officials

A judicial magistrate has rejected the final investigation report submitted by the police in cases pertaining to deaths in Keamari from toxic gas last year for "unjustified" exclusion of key government departments, authorities and officials whose "inaction, deliberate omissions, and gross negligence" directly contributed to the tragic incident.

Eighteen people, mostly children, were reported to have died in Ali Mohammad Goth, Keamari, between January 5 and 31, 2023. A medical board, after reviewing the post-mortem reports of eight bodies exhumed on the directions of the magistrate, had concluded that the release of toxic gases from nearby factories was the main reason behind the deaths. Cases were lodged against owners of several plastic factories, said to be operating illegally and without proper environmental safegiuards in the neighbhourhood.

Judicial Magistrate (West) Madiha Arif announced her order on the report filed by the IO under Section 173 of the Criminal Procedure Code (CrPC) in at least six cases. Noting "shortcomings" in the report, she said that it was clear that the IO did not fulfil the necessary legal requirements.

"The report is deemed unlawful and contrary to the principles of natural justice," she ruled. Disagreeing with the opinion of the investigation, she said it was a case of further investigation and returned the police papers to the senior superintendent of police Keamari Investigation-II for further investigation.

The SSP was instructed to assign the cases to another honest and experienced police officer not below the rank of deputy superintendent of police (DSP) to conduct the investigation within 14 days of the receipt of the order and ensure that "the investigation is comprehensive, impartial, and aligns with the principles of transparency".

She said that so far the investigation uncovered that the land where the incident occurred, situated in Ali Muhammad Goth, was strictly designated for residential purposes. No permits or no objection certificates had been granted or obtained for operating a factory or engaging in any commercial activities on this site, she added.

"The godowns and factories on the property were found to be unauthorized and unregulated, with no action taken by relevant authorities to address their illegal operations without the necessary licenses to conduct commercial activities in a zone designated for residential use," the magistrate pointed out.

"The concerned authorities and departments did not conduct inspections or raid of premises nor sealed the same. Among the list of concerned and responsible authorities and departments to whom letters were sent during the investigation by the SSP Keamari only a few responded," she noted, adding that the rest did not reply and no follow-ups were made during the investigation.

She said the exhumation report of the victims indicated the presence of phthalates (plasticizers) and rubber additives in their bodies, and that the detection of these substances suggests prolonged exposure to synthetic materials, especially in environments where such chemicals are not adequately controlled.

The magistrate noted that a review of the police file revealed that certain individuals, departments, and authorities with significant responsibility for the tragic incident were excluded from the investigation. "It also suggests a tendency to prevent holding them accountable [for the incident] in which innocent lives were lost due to toxic fumes and smoke emanating from factories situated on residential property that had been unlawfully converted into industrial units/factories," she said.

"To establish any factory there are certain steps for it to be operative; to approve and issue permits for such conversions. These legal obligations were clearly neglected, demonstrating gross negligence on the part of those in charge. All concerned departments, authorities and individuals failed to ensure the factory was properly registered, further indicating that it was operating illegally at the time of the incident. This lack of regulatory oversight reflects the recklessness and negligence of the authorities, who appear complicit in permitting the illegal operations."

The magistrate said that the current investigation had focused solely on the factory owners as accused parties while failing to include key departments, authorities and officials whose oversight failures and systemic negligence are directly linked to the incident.

"The exclusion of these parties from the investigation is unjustified, and this selective approach compromises the integrity of the investigation," she said. "The inaction, deliberate omissions, and gross negligence of departments and authorities have directly contributed to the tragic incident by failing to ensure compliance with legal process, mandatory environmental and safety protocols."

"Individuals who conspire, abet, or facilitate the crime are equally accountable. Closer review of the records suggests that the investigation officer excluded certain departments, authorities, and individuals with responsibility from the investigation despite their apparent failure to fulfil their legal duties."

The cases were lodged under sections 322 (punishment for qatl-bis-saba), 284 (negligent conduct with respect to poisonous substance), and 34 (common intention) of the Pakistan Penal Code.