Sindh files review petition against SC’s acquittal of accused in Pearl case

Law department has issued instructions to the [Sindh] prosecutor general to file the review, says Murtaza Wahab

KARACHI:

The Sindh government on Friday filed a review petition against the Supreme Court’s (SC) verdict of acquitting all accused persons involved in American journalist Daniel Pearl’s murder.

The Sindh Prosecutor General has filed three criminal review petitions against majority judgment. The provincial government has also requested the SC to pass a restraining order regarding release of accused persons forthwith.

The review petition states that the offences created a sense of fear and terror in the minds of the public at large, both nationally and internationally as such all the accused were guilty of the charges levelled against them on all counts.

The petition further states that admission of guilt by Ahmed Omar Sheikh during remand, before the learned presiding judge of anti-terrorism court Karachi is part off the judicial proceedings and thus legal sanctity is attached thereto under Article 91 of the Qanun-e-Shahadat Ordinance, 1984 but the Hon’ble High Court failed to consider this important fact of the case in true perspective thereby seriously misled itself to the conclusion arrived at in the impugned judgment.

"That the Hon’ble High Court has failed to appreciate the aggravating factors involved in the case. On the contrary, the acquittal of the accused and modification of death sentence in the absence of the mitigating circumstance caused a serious miscarriage of any justice and violates the principles settled down by this Hon’ble Court. "

"The Hon’ble High Court on grossly misconceived premises held the confessional statements to be inadmissible in evidence where no rebuttal came on record against such confessional statements nor any of the accused/Respondent filed abny complaint agasint the recording of such confessional statement. In the absence of this irrefutable piece of evidence, the discarding of confessional statement on the ground of delay of 27 days and element of presumptive inducement was completely unwarranted. The certificate attached with the Confessional Statement of the Respondent/accused carry weight and legal sanctity as mandated by the Qanoon-e-shahadat Order, 1984," added the review petition.

"That the Hon’ble High Court neither referred to nor considered the established impersonation of the Respondent Ahmed Omer Saeed Sheikh alias/Aka basher, corroborated through identification parade by PW-6 at Exh.36 and alias/aka Muzaffar Farooqi through identification parade by PW-7. The Hon’ble High Court has ignored the fact that the Respondent have not alleged any enmity against both PW-6 and PW-7 who were independent and natural witnesses and had no enmity with the accused. In such situation the evidence of conspiracy could be brushed aside by the Court."

The review petition by the provincial government further stated that "the voluntary Judicial confessions made by the accused Salman Saqib and Fahad Nasim before the competent court were retacted on flimsy premises yet the Hon’ble High Court while giving undue weightage to such retraction did not consider the principles settled by this Hon’ble Court on the subject and has materially erred. As per Shaukat Ali\’s case cited as PLD 2019 SC 577 and 2015 SCMR 856 even a retracted confession could form basis for conviction if found voluntarily and truthful. Thus the rule laid down by this Hon’ble Court has not been followed resulting in grave miscarriage of justice".

Earlier today, Adviser to Sindh chief minister Murtaza Wahab said that the “law department has issued instructions to the [Sindh] Prosecutor General to file the review.”

 

#SindhGovt will be filing a Review against the 2:1 judgment of the Supreme Court in the Daniel Pearl case. Law department has issued instructions to the Prosecutor General to file the Review pic.twitter.com/R5WeJDEgiO

— Murtaza Wahab Siddiqui (@murtazawahab1) January 29, 2021

 

On January 28, a three-member bench of the Supreme Court through a 2-1 split verdict acquitted all the accused involved in the murder case of the American journalist, ordering the release of the four men languishing in jails for the past 18 years.

Read More: Govt to challenge SC ruling in Daniel Pearl murder case

Sitting on the bench, Justice Yahya Afridi, while dissenting the majority order, partly allowed the Sindh government appeal in terms that Ahmed Omer Shaikh and Fahad Nasim were convicted under sections 365-A and 120-B, PPC and section 7 of the Anti-Terrorism Act, 1997.

The bench, led by Justice Mushir Alam and also including Justice Sardar Tariq Masood, also dismissed a series of appeals filed by the Sindh government and the Pearl family against the acquittal of the four men by the Sindh High Court (SHC) last year.

The federal government has also decided to file a review petition against the acquittal after the Supreme Court (SC) rejected the Sindh government's appeal against the Sindh High Court (SHC) judgment.

Hours after the development, attorney general for Pakistan (AGP) office issued a statement wherein it stated that the federal government was in contact and fully engaged with the government of Sindh in respect of the apex court order in Daniel Pearl murder case.

A spokesperson for AGP said that the federal government is extending full support to the provincial government in this matter and all legal steps are being taken in this regard.

The United States has also expressed 'deep concerns' over the acquittal of the accused in the Daniel Pearl murder case, asking the government to review its legal options.

"The United States is deeply concerned by the Pakistani Supreme Court’s decision to acquit those involved in Daniel Pearl’s kidnapping and murder, and any proposed action to release them," stated a press release of the State Department on Friday.

Read More: Pearl’s parents term SC judgment ‘a travesty of justice’

Ahmad Omar Saeed Sheikh, it added, was indicted in the United States in 2002 for hostage-taking and conspiracy to commit hostage-taking, resulting in the murder of Pearl, the South Asia Bureau Chief for the Wall Street Journal, as well as the 1994 kidnapping of another United States citizen in India.

"The court’s decision is an affront to terrorism victims everywhere, including in Pakistan. The United States recognises past Pakistani actions to hold Omar Sheikh accountable and notes that Sheikh currently remains detained under Pakistani law."

An SHC division bench on April 2, 2020, commuted the death sentence of Ahmed Omar Saeed Sheikh to seven years and acquitted three others who were serving life terms.

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. This order elicited an immediate response from the US which on December 25 expressed its “deep concerns” over the SHC order.

Read More: Pearl case does not fall in terrorism category, SC told

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.

Pearl’s murder

Daniel Pearl, 38, was the South Asia bureau chief for The Wall Street Journal when he was abducted in Karachi in January 2002. Pearl’s wife Marianne Pearl, a US national who was living in Karachi, wrote a letter to the Artillery Maidan police on February 2, 2002, stating that her husband disappeared on January 23, 2002.

Later, a graphic video showing Pearl’s decapitation was delivered to the US consulate in Karachi nearly a month after he was kidnapped. After this, a case was filed against the suspects and 23 witnesses were produced in the case by the prosecution. Sheikh was arrested in February 2002.