Daniel Pearl case: How additional documents could be placed before it that were not provided to SHC, asks SC

ISLAMABAD: The Supreme Court on Wednesday questioned how additional documents about the murder of Daniel Pearl could be placed before it, when those were not provided to the Sindh High Court (SHC).

Faisal Siddiqui advocate, representing Daniel’s parents – Ruth Pearl and Judea Pearl – on Wednesday claimed that the postmortem report of the beheaded body and DNA confirmed that the decapitated body was of the bureau chief of Wall Street Journal in Pakistan.

However, the SHC in its April 2020 judgment ignored these facts, he added.

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 alleged murderers of Daniel Pearl, bureau chief of Wall Street Journal in Pakistan.

Faisal Siddiqui told that in May 2002 Daniel’s body in 10 pieces was exhumed from a grave in Karachi under the supervision of the area magistrate.

The postmortem report showed that the body was 12 to 17 weeks old, which strengthen their stance that it was the body of Daniel Pearl.

The body’s condition was such that it was difficult to identify, therefore, samples of muscle, internal organs, and dental record, were taken for medical analysis, which were sent for medical examination.

“After verification and identification of the dead body as of Daniel Pearl, it was handed over to the family and he was buried in America.”

The identification and the burial took place after the trial court judgment in July, 2002.

These facts are proved when the counsel for the accused made an application for attested copy of the postmortem report of Daniel Pearl, and the trial court through order dated 28-05-2002 allowed the application.

The trial court in its order dated 06-06-2002 recorded that it received the postmortem report, Faisal argued.

Justice Tariq Masood remarked neither the postmortem nor the DNA reports were brought on record earlier.

He questioned how someone had knowledge that the grave in Karachi contained the body of Daniel Pearl.

Justice Yahya Afridi said this issue was never brought before the High Court, and first time it was bought on record before the Supreme Court.

Faisal Siddiqui said it was the negligence of the prosecution.

He informed that it came to their knowledge first time after the SHC judgment.

He argued that even if this was the negligence of the prosecution the SHC should have considered it.

He contended that the appeals were filed against the trial court judgment in the SHC which announced verdict after 18 years i.e. in April 2020.

Faisal put question before the apex court, should this aspect of the case be ignored which happened due to the negligence of the prosecution.

“Was it not the duty of the High Court to recall the postmortem report and additional documents regarding the matter?”

He contended that at that time the prosecution was aware of the unknown body but as there was no DNA report; therefore, there was no finding on the recovery or non-recovery of Daniel Pearl’s body.

It was the gross negligence of the prosecution that did not place the additional documents before the SHC, he added.

Mahmood A Sheikh, counsel for Omer Sheikh, objecting to the stance taken by the lawyer of Daniel’s parents, contended that how come they can produce these documents before the apex court without seeking the permission of the bench.

He said Daniel’s family, particularly his mother, had been monitoring this case since 2002 but why did she keep silent for 18 years.

Justice Tariq inquired from Faisal Siddiqui whether you brought this evidence before the High Court.

The counsel replied that his clients were not before the High Court as they were not aggrieved by the trial court verdict, adding the prosecution was aggrieved of the trial court’s decision; therefore, they approached the SHC for enhancing the sentence of other three accused.

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.

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.

The case was adjourned until today (Thursday).

Copyright Business Recorder, 2020