ISLAMABAD - The Supreme Court of Pakistan Wednesday noted that the Sindh government case about kidnapping and killing of Daniel Pearl, Bureau Chief of Wall Street Journal in Pakistan, seems to be weak, as there are many loopholes in it.

A three-member bench of the apex court headed by Justice Mushir Alam conducted hearing of the appeals of Sindh government and the parents of Daniel Pearl against the SHC verdict to acquit the alleged murderers of Daniel Pearl. During the hearing, Justice Sardar Tariq Masood remarked that neither Mrs Pearl (Marianne) provided any evidence about the emails nor she came forward. He told the Sindh government prosecutor Farooq H Naek, “Sorry your (prosecution) case seems week.”

Justice Tariq asked that how did the accused know the email address of Daniel Pearl’s wife. Farooq Naek informed that Wall Street Journal, where Daniel was working, forwarded the email to Daniel Pearl’s father Judea Pearl, who sent it to Marianne.

The counsel informed the bench that the accused [allegedly] sent the two emails i.e. on 27-01-2002 for ransom and on 30-01-2002, containing death threat to kill him. Both the emails were generated from the same IP address. He said Daniel’s wife Marianne after filing the complaint left Pakistan as per doctors advice as she was pregnant at that time.

Justice Yahya Afridi inquired that whether Daniel Pearl was in contact with the accused through emails. The counsel replied that there is nothing on record about that. Justice Mushir Alam asked that whether the geo-fencing was done to trace the location of the accused? Naek said at that time this facility was unavailable for the purpose of investigation as it was introduced in 2010.

Justice Tariq said that there was confusion about the dates, as according to the documents, the Laptop, recovered from the co-accused Fahad Naseem, was given to Ronald Joseph on 12-02-2002 by Mohammad Ali, a man working in US Consulate, Karachi, while your own witnesses say Ahmed Umer Sheikh, the alleged murderer, was arrested on 05-02-2002.

Naek replied that there was confusion about the arrest of the main convict. Not sure whether Umer Sheikh was arrested on 4th, 5th or 13th February, 2002, he said and added that however, Umer Sheikh was remanded on 14-02-2002.

Justice Tariq asked from the counsel that he would have to prove kidnapping for ransom. Naek replied that no force was used for abduction. He added that deceitful means were used to kidnap Daniel. The planning for that had started in Room No.411 of a local hotel in Rawalpindi.

Later, the apex court deferred hearing till today for further proceedings.