Daniel Pearl: Sindh govt's case about kidnapping, killing has many loopholes: SC

ISLAMABAD: The Supreme Court on Wednesday noted that the Sindh government's case about kidnapping and killing of Daniel Pearl, bureau chief of Wall Street Journal in Pakistan, seemed to be weak, as there were many loopholes in it.

A three-judge bench, headed by Justice Mushir Alam, heard the Sindh government and the Daniel Pearl's parents' appeals against the SHC to acquit Daniel Pearl's alleged murderers. Justice Sardar Tariq Masood remarked neither Mrs Pearl (Marianne) provided any evidence about the emails nor she came forward.

"Sorry your (prosecution) case seems week," he told the Sindh government prosecutor Farooq H Naek.

Justice Tariq questioned how did the accused know the email address of Daniel Pearl's wife. Farooq Naek informed that Wall Street Journal, where Daniel was working, forwarded email to Daniel Pearl's father Judea Pearl, who sent it to Marianne.

The counsel told that the accused [allegedly] sent two emails i.e. on 27-01-2002 for ransom and on 30-01-2002, containing death threat to kill him. Both the emails were generated from the same IP address. He said Daniel's wife Marianne after filing the complaint left Pakistan as per doctors advice as she was pregnant at that time.

Justice Yahya Afridi inquired, was Daniel Pearl in contact with the accused through emails.

The counsel replied there is nothing on record about that. Justice Mushir Alam asked whether the geo-fencing was done to trace the location of the accused?

Naek said at that time this facility was unavailable for the purpose of investigation, adding it was introduced in 2010.

Justice Tariq said there was confusion about the dates, as according to the documents the laptop, recovered from co-accused Fahad Naseem, was given to Ronald Joseph on 12-02-2002 by Mohammad Ali, a man working in the US Consulate, Karachi, while your own witnesses say Ahmed Umer Sheikh, alleged murderer, was arrested on 05-02-2002.

Naek replied there was confusion about the arrest of the main convict. Not sure whether Umer Sheikh was arrested on 4th, 5th or 13th February, 2002, he said and added, however, Umer Sheikh was remanded on 14-02-2002. Justice Tariq asked the counsel that he would have to prove kidnapping for ransom.

Naek replied that no force was used for abduction, adding deceitful means were used to kidnap Daniel. The planning for that had started in Room No 411 of a local hotel in Rawalpindi. The case was adjourned until today (Thursday).

A Division of the High Court, Karachi, heard the appeals together and delivered the judgment on 02-04-2020 acquitted the accused. It also held that the subject case does not fall within the purview of the Anti-Terrorism Act, 1997 and Omer Sheikh is entitled to both remissions in accordance with law and the benefit of Section 382-B, Criminal Procedure Code, 1898.

Daniel Pearl was killed in Karachi in January, 2002. His wife Mariane Pearl on 04.02.2002 had filed an FIR at Artillery Maidan Police Station Karachi. Trial Court on 15-07-2002 convicted Ahmad Omer Saeed Sheikh and awarded him death sentence, while Adil Sheikh, Salman Saqib and Fahad Nasim were given life imprisonment under Section 7 of Anti-Terrorism Act, 1997.

The convicts challenged the sentence in the Sindh High Court. The State also filed Special Anti-Terrorism appeal for enhancement of sentence of life imprisonment awarded to Adil Sheikh, Salman Saqib, and Fahad Nasim in the SHC.

The Sindh prosecution on April 22 filed an appeal under Article 185(3) of Constitution in the Supreme Court, while the Daniel's parents - Ruth Pearl and Judea Pearl-on May 2 filed the constitutional petition.

It is their stance that the SHC wrongly held that the convictions and sentences awarded by the trial court to the respondents No 2 to 4 and Ahmed Omer Shaikh could not be sustained on the basis of the standard of proof, meaning that the prosecution has not been able to prove the case against the accused persons beyond reasonable doubt and the benefit of doubt must go to the accused persons.

Copyright Business Recorder, 2020