SHC directs Sindh home dept to justify detention of Omer Sheikh, three others

KARACHI: The Sindh High Court on Thursday directed the home department to justify continuous detention of British nationality holder Ahmed Omer Sheikh and three others, whose death sentence and life imprisonment sentences have been turned down by the SHC in US journalist Daniel Pearl kidnapping and murder charges, under the anti-terrorism law.

Ahmed Omer Sheikh, Fahad Naseem, Syed Salman Saqib and Sheikh Mohammad Adil were detained by the home department under Maintenance of Public Order for three months following acceptance of their appeals against their conviction on April 2.

The counsel of petitioners, Mahmood A Sheikh, informed the SHC’s division bench, headed by Justice Mohammad Karim Khan Agha, that home department had placed the detainees under the Fourth Schedule of Anti Terrorism Act and extended their detention for further three months under Anti Terrorism Law on September 27.

He submitted that detention was unlawful and malafidely issued by the home department. He submitted that three months’ detention of the petitioners was extended without referring the case to federal review board, therefore, the impugned notification for detention was unlawful and was liable to be set aside. The counsel also argued that proscription of a person under Fourth Schedule was only vested to federal government and not the provincial government. The court may set aside the impugned notification of detention of petitioners and ordered to release them forthwith.

The SHC’s division bench, headed by Justice Mohammad Karim Khan Agha, observed that the Sindh government had moved an application for urgent hearing of appeal before the Supreme Court against the petitioners’ acquittal but the case was adjourned on request of legal heirs counsel till December 1. The court observed that the court has no concern with the appeals pending before SC and it leaves it to the Sindh government to proceed with its appeals as it deems fit.

The court observed that that case which was pending before the court concerns the challenging of three consecutive preventive detention orders passed by the Sindh government but in particular the last order which was passed by the home department on September 28 under section 11-EEE of the ATA kept the acquitted petitioners in prison for the last eight months. The court observed that the case was pending for a long time and concerns the fundamental rights of the petitioners, including the right to life.

The counsel of the legal heirs, Faisal Siddiqui, submitted that he has no instructions from his clients for the detention. The court observed that notice had been issued to the counsel of legal heirs appearing before Supreme Court to avoid unnecessarily delay. The court observed that if counsel of legal heirs wishes no adjournment will be granted if he seeks it on next date of hearing.

The court observed that since the case was partly-heard by another member of the bench Justice Amjad Ali Sahito, who was today unwell and it was not possible to proceed with the case in his absence. The court observed that matter will be proceeded on December 12 and directed the home department to justify the detention of petitioners under the anti-terrorism law along with any documentation which may justify the latest preventive detention order. The court observed that such an explanation should be included with information provided to the additional chief secretary prior to passing the latest preventive detention order.