ISLAMABAD: The Supreme Court was informed on Tuesday that Daniel Pearl's body was recovered and identified through DNA match, and was later buried in the US. Faisal Siddiqui advocate, representing Daniel's parents - Ruth Pearl and Judea Pearl, claimed that the postmortem of the beheaded body was conducted, and after DNA match it was ensured that the decapitated body was of the bureau chief of Wall Street Journal in Pakistan.
"This is the main fundamental aspect which Sindh High Court (SHC) has ignored in its judgment," he added.
Siddiqui further said the postmortem report also proved that the decapitated body was of Daniel Pearl, which parents of Daniel later buried in the USA.
Justice Tariq Masood, a member of a three-judge bench, said he had also read it in Wikipedia that Daniel's body was buried in Los Angles.
He, however, added that it's not sure whether the body was of Daniel Pearl or of someone else. Prosecutor General Sindh Farooq H Naek also denied about recovery of Daniel's body. He said according to the record it was not proved that the buried body was of Daniel Pearl.
A three-judge bench, headed by Justice Mushir Alam, heard the Sindh government and the Daniel Pearl's parents' appeals against the SHC to acquit alleged murderers of Daniel Pearl, bureau chief of Wall Street Journal in Pakistan. Earlier, Justice Yahya Afridi said there was no link between the murder and the kidnapping. Justice Tariq said earlier they were satisfied with the recoveries made from the accused, but the laptop examination by the FBI agent, Ronald Joseph, on February 4, 2002, had created doubts.
He said Ronald's own statement mentioned that he examined the laptop on 04-02-2002.
He said according to the prosecution case, all the recoveries were made on 11-02-2002, then how come the laptop reached Ronald on 4th February, 2002.
Farooq H Naek said there was confusion about dates, adding Ronald might have mentioned the wrong date in his statement, as he (FBI agent) reached Pakistan on February 4, 2002.
Justice Tariq also questioned about the forensic audit of the video, which showed Daniel Pearl was decapitated.
Farooq Naek acknowledged that no forensic was conducted of the video, but said the sources supplied the video to the prosecution witness.
It was played in the courtroom and everyone there watched it how Daniel was beheaded.
Farooq Naek has concluded arguments, and from today (Wednesday) Faisal Siddiqui would plead his case.
A Division of the High Court, Karachi, heard the appeals together and delivered the judgment on 02-04-2020 acquitted the accused.
It also held that the subject case does not fall within the purview of the Anti-Terrorism Act, 1997, and Omer Sheikh is entitled to both remissions in accordance with law and the benefit of Section 382-B, Criminal Procedure Code, 1898.
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 SHC.
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.
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.
Copyright Business Recorder, 2020
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