Daniel Pearl case: SC orders Sindh govt to shift Omer, other detainees to rest houses

ISLAMABAD: The Supreme Court Tuesday ordered the Sindh government to shift Ahmed Omer Sheikh and other detainees from Karachi jail to rest houses.

The apex court on January 28 with a 2-1 majority decision dismissed the appeals of the Sindh government and Daniel Pearl’s parents and ordered to release the accused -- Ahmed Omer Shaikh, Fahad Nasim Ahmed, Syed Salman Saqib, and Shaikh Muhammad Adil.

A three-judge bench, headed by Justice Umar Ata Bandial, and comprising Justice Sajjad Ali Shah, and Justice Muneeb Akhtar heard the Sindh government’s request to grant stay

against the Sindh High Court (SHC)’s order to release Omer Sheikh and others.

Advocate General Sindh Salman Talibud Din informed that two days would be required to make arrangements and to shift the accused to the rest houses.

He said till that time, the detainees would be kept outside the solitary confinement in a comfortable place within the jail.

The court accepted his plea, but said after that they should be shifted to the rest houses.

The court said the families of the detainees were provided comfortable accommodation till the time they were kept in the rest houses, so they could meet with them from 9am to 5pm in a peaceful environment.

The phone and internet services will not be available to the accused.

The attorney general sought time to file an appeal against the SHC’s order and to make submission on the Article 10(9) of Constitution.

The advocate general apprised that he had filed the petition against the SHC’s order and converted it into appeal and leave has been granted.

He said his appeal should be fixed and taken up for arguments next week.

During the proceeding, the attorney general contended that if it is feared that the detainees after their release will disappear or taken away, so there is need to keep them in custody.

The court said after the Supreme Court’s order the detainees were entitled to be freed.

The attorney general, citing the Supreme Court’s judgment in Rawalpindi case, argued that with the lapse of the statute the ground realities had not changed.

He said there was no personal vendetta against the accused but due to ground realities stay should be granted against the SHC’s order.

Justice Muneeb Akhtar remarked that they were not denying the realities.

However, he said they (the judges) were bound by the Constitution.

He said as per the government, the detainees would disappear, but added that the Constitution would not disappear.

He said in 18 years and even after the SC’s order, the accused had not disappeared then how come they would disappear now.

Justice Sajjad Ali Shah said the Sindh government had detained the accused for one month without a detention order.

Justice Bandial directed the AG Sindh to prepare on the issue of “Enemy Alien”.

He said the bench did not have the history of the accused, as the attorney general had argued that Omer Sheikh was a renowned terrorist.

Earlier, the attorney general had argued that Omer Sheikh was a graduate of London School of Economics.

He has impressed people’s mind with terror.

The case was adjourned for the third week of February.

Copyright Business Recorder, 2021