Daniel Pearl murder case: SHC decision to be challenged in SC, says Qureshi

Declaring the United States reaction to acquittal of the accused in the Daniel Pearl murder case as "natural", Foreign Minister Shah Mahmood Qureshi on Saturday said that the Sindh High Court (SHC) decision will be challenged in the Supreme Court, and "now it is up to apex court either to uphold SHC's decision or declare it null and void".
The foreign minister gave his reaction in a statement following the US government's condemning of the SHC's April 2 decision in which the court acquitted three people accused of being involved in the kidnapping and killing of American journalist Daniel Pearl back in 2002.
"We condemn the Pakistani court's decision to overturn the sentence of those convicted of the gruesome murder of WSJ [The Wall Street Journal] reporter Daniel Pearl and welcome the prosecutor's decision to appeal. The U.S. is committed to pursuing justice in all cases of terrorism against American citizens," said Principal Deputy Assistant Secretary of State for South and Central Asian Affairs Alice Wells in a tweet.
The US House of Representatives Committee on Foreign Affairs also expressed its "deep concerns" over the court's overturning of convictions for abduction and killing of Daniel Pearl.
"It is critical Pakistan demonstrates a real commitment to addressing its longstanding terrorism problem by holding those involved accountable," Chairman of House Committee of Foreign Affairs Eliot Engle said.
While responding to the US apprehensions, Foreign Minister Qureshi said that the US reservations over Daniel Pearl case "seem natural", adding that the provincial government of Sindh has already decided to challenge the SHC's verdict and also rearrested the accused for 90 days under the Public Safety Act.
The foreign minister said Daniel Pearl was a leading journalist, who was first kidnapped for ransom and subsequently killed. "Fingers were raised against Pakistan and immense criticism was hurled from across the globe as soon as news regarding murder of Daniel Pearl came out," he noted, adding that the accused in Daniel Pearl case were arrested and faced trial as a result of which three accused had to face imprisonment, while central accused Sheikh Omar was sentenced to death.
Qureshi pointed out that the accused had a right to appeal as per the law of the land, and the SHC, while acknowledging this right, suspended their sentences pronounced by the anti-terrorism court in Hyderabad, setting all the three accused free and converting Sheikh Omar's capital punishment into seven-year imprisonment.
Recalling Pakistan's sacrifices in the war against terrorism, the foreign minister said that Pakistan rendered unmatched sacrifices and the entire nation fought a long war against terrorism and defeated the menace with collective efforts.
The interior ministry on Friday had also expressed federal government's concern over the SHC decision, saying, "As per constitutional scheme of things prosecution in criminal matters is a provincial subject, therefore concern has been shared with the government of Sindh."
The ministry further stated that with reference to this, the government of Sindh has decided to file an appeal next week against the said judgement in the Supreme Court of Pakistan in order "to ensure that the ends of justice are met".
It further stated that the government of Pakistan has asked the government of Sindh to dedicate its best resources in the pursuance of appeal before the Supreme Court, adding that the provincial government has been advised to consult the attorney-general for Pakistan in the matter as well.
"In the meantime, all the accused in the said case have been arrested and detained under Section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, 1960 for a period of 3 months pending filing of the appeal in the apex court," it stated, adding that the ministry of interior reiterates its commitment to follow due process under the laws of the country to bring terrorists to task.
Some legal experts blamed weak prosecution in the high-profile case.
However, talking to Business Recorder, Ahsan Bhoon, former chairman of the Pakistan Bar Council, said that shifting of all the blame on the prosecutors for lesser punishment to the convicts by the SHC is not right as the prosecution team has to present the case in the court of law on the basis of the evidence provided by the investigators to the prosecutor.
"There are flaws in our legal system and for this reason in many criminal cases like kidnapping for ransom and murder cases, the accused are acquitted by the courts by giving them the benefit of doubt," he argued.
He said that there is dire need to amend the Qanoon-e-Shahdat Order, 1984, the Code of Criminal Procedure, 1898, and the Pakistan Penal Code. However, our legislators instead of paying attention to make changes in the laws are busy in other non-issues, he added.
He stated that police evidence should be accepted in kidnapping and murder cases, which in view of the present laws is not acceptable.
Senior lawyer of the Supreme Court Sardar Latif Khosa pointed out that it is unfortunate that our police are not trained to investigate such incidents, adding that it submits the challan and coerces a statement from the witness, who may later retract as we have no witness protection programme, while the trial court under pressure decides the cases, but the superior court examines each and every aspect of the case.
Khawaja Haris, another senior lawyer, said that kidnapping is one thing but to establish its link with the killing is different. "To say that those who kidnapped Daniel Pearl had killed him as well is not substantially proven," he argued.
"The beheading of Daniel Pearl is shown in the video. No one has seen it with his own eyes who beheaded him," he added.
He said since the incident took place in 2002 it had international repercussions, adding that these could be reasons behind the appeal against the trial court remaining pending in the SHC for the last 18 years.
"In the present circumstances it would have more consequences, particularly in view of Pakistan's pending case before the Financial Action Task Force (FATF)," he added.