Daniel Pearl murder case: SC urges Sindh prosecutor to point out error in SHC judgment

ISLAMABAD: Sindh prosecutor was asked to point out error in the judgment of the Sindh High Court (SHC) that had acquitted the alleged murderers of Daniel Pearl, bureau chief of Wall Street Journal in Pakistan. A three-judge bench of the apex court, headed by Justice Mushir Alam, heard the Sindh government and the Daniel Pearl's parents' appeals against the SHC to acquit Daniel Pearl's alleged murderers.

A division of the High Court, Karachi, heard the appeals together and delivered the judgment on 02-04-2020 and acquitted the accused. It also held that the subject case does not fall within the purview of the Anti-Terrorism Act, 1997, and Umer Sheikh is entitled to both remissions in accordance with law, and the benefit of Section 382-B, Criminal Procedure Code, 1898.

"You should also point out the error in the high court's [SHC] decision," said Justice Yahya Afridi, a member of the bench. A three-judge bench of the apex court headed by Justice Mushir Alam was hearing appeals filed by the Sindh government and the parents of victim Daniel Pearl challenging the April 02 high court verdict that overturned the sentences of four convicts in the murder case.

Farooq H Naek, appearing on behalf of the Sindh government, said: "I will produce details of the witness accounts in the next hearing."

He informed that four accused including Ahmed Omer Saeed were arrested, while seven others were at large. The accused had hatched kidnapping plot of Daniel Pearl, a US national, reporting for the Wall Street Journal, in a Rawalpindi hotel, Naik said.

"They sent an email to the victim's wife after kidnapping and demanded ransom money," the counsel further said. The accused brutally slain Daniel Pearl after their demand was not met, the Sindh's counsel said.

They also released the video of the slaughter, causing fear and harassment among public. The case was adjourned until today (Wednesday). Daniel Pearl was killed in Karachi in January, 2002. His wife Mariane Pearl on 04.02.2002 had filed an FIR at Artillery Maidan Police Station Karachi.

Trial Court on 15-07-2002 convicted Ahmad Omer Saeed Sheikh, and awarded him death sentence, while Adil Sheikh, Salman Saqib, and Fahad Nasim, were given life imprisonment under Section 7 of the Anti-Terrorism Act, 1997. The convicts challenged the sentence in the Sindh High Court.

The State also filed Special Anti-Terrorism appeal for enhancement of sentence of life imprisonment awarded to Adil Sheikh, Salman Saqib, and Fahad Nasim in the SHC. Umer Sheikh, who had already spent 18 years in prison on death row after being sentenced by an anti-terrorism court, was expected to be released after the high court verdict as his seven-year sentence was to be counted as time already served.

However, the Sindh government under Maintenance of Public Order (MPO) detained Umer Sheikh and four others, whose convictions had been overturned, till Sep 30. The Sindh prosecution on April 22 filed an appeal under Article 185(3) of Constitution in the Supreme Court, while the Daniel's parents, - Ruth Pearl and Judea Pearl-on May 2 filed the constitutional petition.

It is their stance that the SHC wrongly held that the convictions and sentences awarded by the trial court to the respondents No 2 to 4, and Ahmed Omer Shaikh could not be sustained on the basis of the standard of proof, meaning that the prosecution has not been able to prove the case against the accused persons beyond reasonable doubt and the benefit of doubt must go to the accused persons.

They have submitted that these facts are admitted, first, the deceased person was abducted. Second, the deceased person was abducted / kidnapped for ransom as ransom emails were received and recovered.

However, what is denied by the respondents No 2 to 4 and Ahmed Umer Shaikh is their role in sending the ransom emails but not the fact that the ransom emails were actually received. Third, the deceased person was brutally murdered by way of beheading.

Copyright Business Recorder, 2020