Move plea against detention: SC tells Pearl accused

The Supreme Court has asked the counsels for the accused in the Daniel Pearl case to submit applications to the apex court, seeking freedom of their clients from months-long detention.

A three-judge, headed by Justice Mushir Alam, on Wednesday resumed hearing of the appeals filed by the PPP led Sindh government and Pearl family against the Sindh High Court’s (SHC) April 2020 order

A SHC division bench on April 2 commuted the death sentence of Ahmed Omar Saeed Sheikh to seven years and acquitted three others who were serving life terms for abducting and killing Wall Street Journal’s former South Asia bureau chief Denial Pearl in 2002.

The PPP led provincial government had swiftly challenged the April 2 order in the Supreme Court. The Sindh government had also immediately detained the four men under Section 3 (1) of West Pakistan Maintenance of Public Order (MPO) Ordinance 1960.

The same SHC division bench, however, annulled the detention order on December 24 and ordered the Sindh government to immediately release the four men.

The provincial government had, however, not released the accused as it contended that the Supreme Court’s September 28 order with regard to Daniel Pearl case accused was still in the field.

On Wednesday Advocate Mahmood Sheikh, one of the counsels for the accused, requested the court to order the Karachi Central Jail superintendent to release the accused, as according to him, the apex court September 28 order was valid for ten days till October 7

Justice Sardar Tariq Masood, one of the members of the bench, asked the counsel why he had not filed an application in the Supreme Court for the release of the accused.

The counsel said the jail superintendent on Tuesday contacted the Supreme Court, requesting it to issue an order regarding the accused. He said the accused did not file an application due to this contact between the higher authorities.

“You have wasted one day,” Justice Masood said, adding the court would issue directions with regard to detention once the accused file an application. The court later adjourned till today [Thursday].

Earlier, counsel for Pearl family Faisal Saddiqui continued his arguments regarding witnesses said accused Fahad Naseem did not make a confessional statement under police pressure.“ Naseem had admitted before a magistrate that he gave the statement as his life was in danger.”

Justice Masood asked what would be the impression if an accused made a statement to save his life.