Constructor, architect among 8 to deal with the trial in laborers’ death case

KARACHI: A court has commanded trial of 8 suspects, like constructors, architect and industrial engineer, in a case pertaining to the killing of 6 laborers who died after a manufacturing lift buckled in Clifton. 6 laborers, adding in 2 brothers, had died after dropping from an under-construction high-rise constructing in Block 7 of Clifton on March 9.

At first, the police booked constructor Mohammad Amin Patel of M/s Land Mark Companies along with private contractors Irfan-ur-Rehman of the building contractor firm for glasses/lifts and Moosa Iqbal in a case subscribed under Sections 322 ( manslaughter ) and 34 ( common intention ) of the Pakistan Penal Code at the Boat Basin police station. A court problems warrants against 3 associates and registered qualified professionals of the under-construction Clifton constructing.

However, the judicial magistrate ( South ) ordered the trial of eight suspects, including three associates of the under-construction task — Abdul Aziz Memon, Muhammad Munir Memon and Ameer Ali — architect Habib Fida Ali and engineer Khalil Ahmed. The verifying officer, Inspector Sohail Akhtar Salahri , had filed a charge page against the constructor and both contractors for their test under Part 322 and 34 of the PPC. However, he did not name the architect and industrial engineer and also placed the builder’s 3 partners in the column No 2 in blue ink, that means they may be tried if sufficient proof was found against them.

Prosecutor Dewan Bhuromal ready a scrutiny note of the charge page and found that the IO had not covered the project’s partners as well as licensed professionals, including the architect and engineer, in the case. He recommended that all the suspects be tried under Sections 322 ( manslaughter ) 287 ( negligent conduct with regards to machinery ) and 34 ( common intention ) of the PPC.

After court date the IO and the prosecutor and examining the document, the judge observed that all the 3 suspects, shown in the column No 2 with blue ink in the charge page, during interrogatory documents had admitted their association with the active owner/developer M/s Land Mark Companies by claiming to be sleeping partners, but they all could not produce any documentary evidence in appreciate of their claim.

In the scrutiny note, the prosecutor declared that in the light of evidence/reports available on record, all the suspects cost sheeted and let off by the IO and the licensed professionals had committed serious mistake towards work of fixing glasses at the place of the incident being carried out by the unlucky labourers in such a risky manner. Resultantly, the prosecutor concluded that the 6 unlucky labourers missing their valuable lives hence, all the suspects were liable to face charges under Sections 322, 287 and 34 of the PPC.

The judge wrote that the charge page of the police was not binding upon the courts and the court could reject to take mindfulness on a confident record and also mentioned the judgement of the Sindh High Court ( in the case of Riaz Ahmed and others versus the province of Sindh ). “Admittedly, the suspects mentioned in the column-II with blue ink are the investors and are/will get the benefit from their investment, therefore, they have to be vigilant for safety of the building and they are not supposed to only receive the profit. Hence, they have to have calculate regarding safety steps,” the judge added .

The judge ruled that there was a clear negligence on their part, which could not be left unnoticed, likewise the registered qualified professionals.The judge concluded that sufficient proof was available against all the suspects, ading in those charge sheeted/let off by the IO and the registered qualified professionals.The court took cognizance against all of them and issued non-bailable arrest warrants against the three associates and licensed qualified professionals.

In the scrutiny note, the prosecutor pointed out that IO documented documents of the witnesses and also obtained the project’s accepted constructing plan from the Sindh Building Control Authority and its terms and conditions. According to the plan , the licensed architect had undertaken the responsibility of supervision of the building work of the declared building/project, he declared.

A report, offered by the SBCA, further revealed that as per Condition No. 4 of the Structure No-objection Certificates, the structural engineer was also responsible to depute fulltime engineers at the manufacturing site to instruct the deputies and the contractors always in writing, he added.

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