Daniel Pearl case: SHC to examine if SC issued stay order barring release of petitioners

KARACHI: The Sindh High Court (SHC) on Thursday directed counsel to submit copies of Supreme Court’s orders on state appeals against the acquittal of Ahmed Omer Sheikh and three others in the Daniel Pearl murder case and argue as to whether any interim stay order against their release was still in field or not.

The direction came on contempt of court application against the chief secretary, special home secretary and jail authorities filed by Ahmed Omer Sheikh and others for not releasing them despite court orders. The SHC on December 24 had struck down preventive detention of British nationality holder Ahmed Omer Saeed Sheikh and three others who remained detained for the last nine months under the Anti Terrorism Law despite their acquittal in US journalist Daniel Pearl kidnapping and murder charges by the appellate court.

Petitioner's counsel Nadeem Azar filed contempt of court application on behalf of petitioners submitting that the jail authorities, home secretary and chief secretary deliberately and willfully defied the court orders on December 24 and requested the court to proceed against them under contempt of court proceedings and punish them for defying the court orders.

The court inquired from the Advocate General Sindh about the non-compliance of court directives. AG Sindh Salman Talibuddin submitted that state appeals against acquittal of the petitioners were pending before the Supreme Court and the court had on September 28 ordered that respondents may not be released and such order was still in field.

The court observed that instant application has been filed against violation of the court orders and the court will examine as whether any interim stay order has been issued by the SC with regard to release of petitioners was in field or not.

Petitioners counsel Nadeem Azar submitted that senior counsel Mehmood A Sheikh was engaged before the Supreme Court in the appeals. The SHC’s division bench, headed by Justice Mohammad Iqbal Kalhoro, directed counsel to submit copies of Supreme Court’s orders on state appeals against the acquittal of Ahmed Omer Sheikh and three others in Daniel Pearl murder case by January 13 and argue as to whether any interim stay order against their release is still in field or not.

It is pertinent to mention that court had struck down the preventive detention of Ahmed Omer Sheikh and others by the Sindh government. However, it ordered that names of the detainees shall be placed under the Exit Control List until such time as state appeals against their acquittal have been decided by the Supreme Court.