Daniel murder case: Accused release to have global implications, Centre tells SC

ISLAMABAD: The federal government Monday submitted before the Supreme Court (SC) that the release of accused in the murder case of US journalist Daniel Pearl would have global implications and requested for suspending the Sindh High Court (SHC) order of Dec 24.

A three-member SC bench, headed by Justice Umar Ata Bandial, heard the appeal, field by the Sindh government, challenging the order passed by the Sindh High Court on Dec 24, 2020 regarding release of all four accused including Ahmed Omar Saeed Sheikh, detained by the provincial government,

Attorney General Khalid Javed, without mentioning the name of Omar Sheikh, the main accused in the murder case of US journalist, submitted before the court that the instant case would have global implications and there would be serious consequences if the accused were released. He requested the court to suspend the SHC decision.

Justice Bandial observed that the instant matter related to civil liberties, adding that the accused Ahmed Omar Sheikh had been in custody for the last ten months. The court maintained the detention of the accused persons for one day, and sought the SHC order-sheet, passed on June 24, 2020 and adjourned the matter for Tuesday (today).

“We will also look into this point,” Justice Bandial remarked. Justice Sajjad Ali Shah, another member of the bench, questioned the detention of the main accused. “Tell us the reasons why Ahmed Omar Saeed Sheikh has not been released yet,” Justice Sajjad Ali Shah asked the attorney general.

Attorney General Khalid Javed submitted that the impugned judgment had interpreted constitutional provisions, in particular Article 10 of the Constitution.

In such a case, the law is clear that notice to the Attorney General be issued under Order XXVII-A CPC and failing the service of such notice, the proceedings before the court are vitiated,” the AG contended.

The AG relied on Federal Public Service Commission verses Muhammad Affaq (PLD) 2002 SC 167 at 169) stating that no such notice had been served on him/ his office and this position had been verbally verified from the Advocate General Sindh,” says the court order.

“We would like to see the order-sheet in this case and if the detailed reasons have been released, they should be produced in court,” the court further noted in its order and ruled that till then, the status quo should be maintained.

Later, the court adjourned the mater for Tuesday. Earlier, the a member of the legal team of accused Omar Sheikh told the court that the lead counsel Mahmood A Sheikh was not well, hence the hearing may be adjourned for a week.

He submitted that for the last 10 months, Ahmed Omar Saeed Sheikh was under illegal custody, adding that he was innocent and his detention order had been ended on Dec 1, 2020. A two-member SHC bench, headed by Justice KK Agha, on Dec 24, 2020 had set aside the detention of four men – including Omer Saeed Sheikh – who were convicted by an anti-terrorism court in 2002 for the murder of American journalist Daniel Pearl.

Later, three of them were acquitted, while the one got his sentence commuted. The court, however, had ordered placing of their names on the Exit Control List (ECL), directing them to appear before it whenever summoned.