The apex curt has noted that the Sindh government has already extended – for the third time – the detention of four men accused of kidnapping and murdering US journalist Daniel Pearl, wondering as to why the provincial government wants to keep them in custody despite their acquittal.
A three-judge bench, comprising Justice Mushir Alam, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed, made this observation while hearing the appeals filed by the Sindh government and Pearl’s family against a Sindh High Court (SHC) order.
The SHC on April 2 commuted the death sentence of Ahmed Omar Saeed Sheikh – earlier convicted for kidnapping and murdering the Wall Street Journal bureau chief in 2002 – to seven-year-imprisonment.
The court also acquitted three others – Fahad Naseem, Syed Salman Saqib and Sheikh Muhammad Adil –who were serving life terms in the case – almost two decades after they were found guilty and jailed.
The Sindh government – while immediately announcing to challenge the judgment in the top court – detained the accused for 90 days under the West Pakistan of Maintenance Public Order Ordinance 1960.
It extended the detention for the second time in July and for the third time on October 2. In August, the accused had challenged the provincial government’s decision to extend the detention in the SHC but the provincial court had dismissed the petition.
During hearing of the appeals on Wednesday, Sindh Prosecutor General Dr Fayyaz Shah requested the top court to grant him more time to prepare his case.
He said his office received the court order on October 5, so the documents could not be prepared. He said the main appeals had been filed in the case but time was required to submit further documents.
He also requested the court to extend detention of the accused.
The court, while granting him more time, turned down his request to further extend the detention period. Justice Alam said the Sindh government had already extended the detention by three months and the court could not extend it further.
“Why the provincial government wants to detain the accused persons after the SHC judgment,” asked Justice Qazi Muhammad Amin Ahmed.
The court noted that the high court had acquitted the accused and the ruling could only by set aside by using extraordinary jurisdiction. Why the court should use this jurisdiction in this case, it asked.
Mahmood Sheikh, counsel for the accused persons, said accused Ahmed Omar Saeed Sheikh, who was awarded a seven-year punishment by the SHC, has spent 18 years in jail. The court directed the Sindh prosecutor general and other lawyers to appear at the next hearing with full preparation of the case.
The bench noted that it wants to decide the matter expeditiously and adjourned hearing till October 21.
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