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SHC orders immediate release of accused in Daniel Pearl case

ghazi52

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SHC orders immediate release of accused in Daniel Pearl case


Ishaq Tanoli
24 Dec 2020




This file photo shows Ahmed Omer Saeed Sheikh who is the prime accused in the Daniel Pearl kidnapping and murder case. — AP



This file photo shows Ahmed Omer Saeed Sheikh who is the prime accused in the Daniel Pearl kidnapping and murder case. — AP

The Sindh High Court (SHC) on Thursday set aside the provincial government's detention orders for four men set free around eight months back by the order of the SHC in the abduction and murder case of US journalist Daniel Pearl.

However, their names were placed on the no-fly list and they were also directed to appear before the court whenever summoned.

The bench pronounced the order after hearing lengthy arguments from both sides and observed that the provincial authorities remained unable to produce justified reasons for the continuous detention of the petitioners – Ahmed Omer Saeed Sheikh, Fahad Naseem, Salman Saqib and Sheikh Adil – who had moved the court through their counsel against their continuous detention since their release order in April.

During today's hearing, a two-judge bench, presided over by Justice K. K. Agha, directed security agencies not to keep Sheikh and other accused under "any sort of detention" and declared all notifications of the Sindh government related to their detention "null and void".

After their acquittal on charges of murder by the high court in April, the provincial government had placed them under 90-day detention under the Maintenance of Public Order (MPO) Ordinance. On July 1, a fresh notification under the Anti-Terrorism Act, 1997, was issued to extend their detention by three months and later their confinement was extended for yet another 90 days.

Last month, the SHC had expressed serious resentment over the provincial authorities' continued detention of the four men.
In the hearing today, the court observed that the men's detention was "illegal" and they were in jail despite being innocent.

Daniel Pearl, 38, a Wall Street Journalist working in Pakistan, was abducted in Karachi in January 2002 while doing a research on religious extremism. Later, a graphic video showing his decapitation was delivered to the US Consulate after a month of his abduction. Subsequently, Sheikh, the prime suspect, was arrested in 2002 and later sentenced to death by a Hyderabad anti-terrorism court while the three other men were sentenced to life imprisonment for helping him.

But on April 2 this year, the SHC modified Sheikh's sentence to seven years after acquitting him for the journalist's murder and convicting him for a role in the kidnapping only. The high court also acquitted the three other accused.

Sheikh, who had already spent 18 years in prison on death row after his death sentenced by an anti-terrorism court, was expected to be released after the high court verdict since his seven-year sentence was to be counted as time already served.


The Sindh government as well as the parents of Pearl had filed separate appeals against the SHC's order in the Supreme Court. The top court is currently in the process of hearing these appeals.

Earlier in the year, the Supreme Court had temporarily barred Sindh authorities from releasing the men as it began hearing arguments on the appeals. However, it was an interim order which ended on the next date of hearing. Currently, there is no order of the apex court barring the men's release.
 

ghazi52

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US 'deeply concerned' at SHC order to release men charged in Daniel Pearl case


Dawn.com
25 Dec 2020



Daniel Pearl, 38, was abducted in Karachi in January 2002 while doing a research on religious extremism. — Dawn archives


Daniel Pearl, 38, was abducted in Karachi in January 2002 while doing a research on religious extremism. — Dawn archives

The US State Department on Friday expressed its reservations after the Sindh High Court (SHC) ordered that the four men charged in journalist Daniel Pearl's abduction and murder case be released immediately, terming their detention illegal.

In a message on Twitter, the state department said it was "deeply concerned" at the Dec 24 ruling of the SHC to release "multiple terrorists responsible for the murder of Daniel Pearl".

"We have been assured that the accused have not been released at this time," the statement added.
It said the department will continue to monitor any developments in the case and will continue to support the Pearl family "through this extremely difficult process" while honouring the legacy of Daniel Pearl as a journalist.


The statement came a day after the SHC struck down a preventive detention order issued by the Sindh government to keep four men behind bars after their convictions by a trial court were set aside around eight months ago in the abduction and murder case of US journalist Daniel Pearl.

The bench also barred the federal and provincial authorities from placing the men under any preventive detention order without prior permission of the SHC. However, their names were placed on the no-fly list and they were also directed to appear before the court whenever summoned.

In April, the high court had acquitted all the appellants of the charges of murder and kidnapping for ransom and only found main accused Ahmed Omar Sheikh guilty of abducting the slain journalist and sentenced him to seven-year imprisonment. However, the sentence had been completed as the convict had already spent around 18 years in detention.

The Supreme Court is hearing the appeals of provincial government and the parents of the slain journalist against the SHC’s order.
 

khail007

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USA have to keep shut, they have no right to interfere in Pakistan's justice system as we have none to interfere in theirs.
It seems, keeping the trio in prison is only a wish of US though crime of murder is not proved in the court of law.
Afia Siddiqui case, the USA accused a feeble woman to a crime - during investigation, she try to grab a gun from soldier for a purpose to kill him - this case was in itself the slap as well as face palm on so called justice system of USA. USA is generally ruled by savage, blood hungary liars with no respect to other nations.
 

ghazi52

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

Terence J Sigamony
03 Feb 2021


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
 

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