ISLAMABAD: The accused allegedly involved in the murder of Daniel Pearl prayed before the Supreme Court to clarify its order for their release.
Ahmed Omer Sheikh, Fahad Naseem, and the other accused on Thursday filed an application under Order XXXIII Rule VI, Supreme Court Rules, 1980, for clarification of the order dated 28-09-2020 for their release.
The accused submitted that the apex court is hearing the Sindh government and Daniel Pearl’s parents’ appeals on day-to-day basis.
On various dates the apex court was asked to suspend the acquittal judgment of the Sindh High Court (SHC) dated 02-04-2020.
The court, however, acceded to the Sindh government’s application on 28-09-2020, and the jail authorities were directed not to release the accused till the next date of hearing.
On the next date of hearing i.e. 7th October, 2020, the request of appellants to extend the detention of the petitioners was not acceded to.
Senior Advocate Mehmood A Sheikh, counsel of the accused, contended that the case has been heard on different dates after 07-10-2020, and no order on any of the dates of the hearing has been passed “to not to release the petitioners”.
The counsel submitted that the detention of the accused is on an erroneous assumption of an order of this august court to “not to release the petitioners” needs to be clarified and a direction may be issued accordingly.
The accused had filed habeas corpus petition before the SHC at Karachi, which was accepted and the preventive detention orders passed by the Sindh government were struck down, and the jail authorities and the provincial government were directed to release the accused.
The SHC on December 24, 2020 set aside the provincial government’s detention order of four men, which it had ordered eight months ago to set them free.
A division bench of the SHC, Karachi, on 2nd April 2020 acquitted the accused, Ahmad Omer Saeed Sheikh, Adil Sheikh, Salman Saqib, and Fahad Nasim.
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 the law and the benefit of Section 382-B, Criminal Procedure Code, 1898.
Trial Court on 15-07-2002 had 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.
Despite the SHC order dated 24-12-2020, the Sindh chief secretary, additional chief secretary Home Department, senior superintendent Central Jail, Karachi, and senior superintendent Central Jail Sukkur refused to release the accused albeit the direction in the said order lapsed on 07-10-2020, and was never extended thereafter, submitted the counsel.
He informed that the senior superintendent Central Jail Karachi has in this regard sent a letter to the apex court seeking instructions whether this Court has extended the detention of the accused.
Meanwhile, Faisal Siddiqui, counsel of Daniel’s parents argued before a three-judge bench, headed by Justice Mushir Alam.
The bench after hearing the arguments adjourned the case until 12th January.
Copyright Business Recorder, 2021
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