Pakistan

Move Sheikh to rest house: Supreme Court asks Sindh

Apex court once again rejects govt’s appeal to suspend the SHC’s Dec 24 verdict

Hasnaat Malik February 02, 2021

Ahmed Omar Saeed Sheikh (C, pictured 2002), who had been convicted over the 2002 killing of American journalist Daniel Pearl, was ordered released on December 24, 2020. AFP

ISLAMABAD:

The apex court has ordered the Sindh government to immediately shift Ahmed Omar Saeed Sheikh – a man who was earlier convicted and sentenced to death for kidnapping and murdering US journalist Daniel Pearl – from his death cell to regular prison cell.

The court has given authorities two days to prepare a well-protected rest house for Sheikh where he could spend time with his family members, under certain restrictions.

A three-judge issued this order on Tuesday while hearing the Sindh government’s appeal against the Sindh High Court’s (SHC) December 24 order to release all the four persons earlier convicted by an anti-terrorism court for executing and abetting the 2002 murder of Wall Street Journal’s former bureau chief.

The bench also ordered authorities to ensure security of the rest house and the accused. It noted that Sheikh – who has been languishing in jail for over 18 year – should not be provided with mobile and internet facilities in order to prevent his contact with outside world

The court, however, allowed his family to spend time with him from 8am to 5pm.

Earlier, the bench once again rejected the government’s appeal to suspend the SHC’s verdict and stated that the federal government could file an appeal against the SHC's December 24 decision.

“How can the federal government object to the decision of the SHC?” Justice Munib Akhtar, a member of the bench, asked. “The government has not even challenged the SHC’s decision,” he added.

Justice Sajjad Ali Shah, another member of the bench presided over by Justice Umar Ata Bandial, asked the Sindh government if the court should justify illegal detention. “Is it necessary to keep the accused in jail to prevent them from escaping?” Justice Bandial also asked.

The Sindh advocate general (AG) said that detainees should not be allowed to stay with their families. "Sheikh can contact others through cell phones of his family members," he said.

Justice Shah noted that according to the government, Sheikh had already been using a cell phone in his death cell. “We all know what happens in jail,” the judge said.

The AG requested the apex bench to keep the accused in Lahore. “Sheikh’s accomplices could attack the rest house and help him escape. If Ahmed Omer and others are released, they will escape,” the AG said, adding: “Ground realities demand that release orders be suspended.”

The bench, however, ordered the authorities to shift Sheikh to a rest house. “Two days are being given for the government to make proper security arrangements [at the rest house],” Justice Bandial said.

Protesting the decision, the AG said young soldiers were martyred while fighting terrorists only a few days ago. “There is no denying the sacrifices of the armed forces but we are bound by the Constitution,” Justice Akhtar replied.

During the hearing, Justice Bandial noted that after the SHC verdict Ahmed Omar Saeed Sheikh and other detainees cannot be called accused. The court later adjourned the hearing for two weeks.