ISLAMABAD - The Supreme Court of Pakistan Tuesday again asked the defence counsel to make submission on the letter allegedly written by Ahmad Omer Saeed Sheikh from jail to the Registrar Sindh High Court (SHC).
A three-member bench of the apex court headed by Justice Mushir Alam conducted hearing of the appeals of Sindh government and Daniel Pearl’s parents against the SHC judgment acquitting the alleged murderers of Daniel Pearl.
During the hearing, Justice Yahya Afridi asked the counsel to make submission on the letter of Ahmed Omer Sheikh. He said that the letter is hand written and carries the signature of the accused.
Mehmood A Sheikh, the counsel of Ahmed Omer, replied, “I do feel and believe that there is lot more required to be seen.” He added, “I will go through the letter with the court.” He further said, “I have not seen it yet.”
After the interval, Justice Afridi inquired from the counsel is that the letter of your client? The counsel informed that he had seen the letter in the court file but do not have its copy. The court then directed the Sindh prosecutor general to facilitate the defence counsel regarding the matter.
Earlier, Mehmood A Sheikh submitted that if the statement of Magistrate Iram Jehangir is believed then it shatters and buries the prosecution case. He argued that Iram Jehangir, who had recorded the statements of the accused, told in her own statement before the ATC judge that the accused statements were involuntary.
On the issue of delay, Mehmood Sheikh argued that not a single word has come from the investigators, why it took so long to produce them before the magistrate. He said that the witnesses have stated that before entering into the court they had seen 400 security personnel outside the court. The defense counsel has completed arguments on the accused confession and the issue of delay. Now he will argue on the issue of ‘identification parade’ and non-appearance of Daniel Pearl’s wife Marianne today.
A division bench of the SHC, Karachi, on 2nd April 2020 acquitted the accused Ahmad Omer Saeed Sheikh, Adil Sheikh, Salman Saqib and Fahad Nasim. It also held that the subject case does not fall within the purview of the Anti-Terrorism Act, 1997 and Omer Sheikh is entitled to both remissions in accordance with law and the benefit of Section 382-B, Criminal Procedure Code, 1898.
Trial Court on 15-07-2002 had convicted Ahmad Omer Saeed Sheikh and awarded him death sentence, while Adil Sheikh, Salman Saqib and Fahad Nasim were given life imprisonment under Section 7 of Anti-Terrorism Act, 1997.
Despite the SHC order dated 24-12-2020, the Chief Secretary government of Sindh, Additional Chief Secretary Home Department, Sindh, Senior Superintendent Central Jail, Karachi, and Senior Superintendent Central Jail Sukkar refused to release the accused albeit the direction in the said order lapsed on 07-10-2020 and was never extended thereafter, submitted the counsel. He informed that the Senior Central Jail Karachi has in this regard sent a letter to apex court seeking instructions whether this Court has extended the detention of the accused.
Agencies add: During the course of proceedings, Advocate Mahmood A Sheik counsel for the accused while continuing his arguments said that the purchase of a printer and scanner was described as part of a conspiracy. The shopkeeper from whom the printer and scanner were purchased did not give any receipt, he added. He said if the accused had to buy goods for the crime, they would not have given their correct names to the shopkeeper. The accused were in police custody at the time of purchase of the printer and scanner, he added.
He said that the shopkeeper during the investigation stated that he sold the computer while he changed his stance before the court. Police recovery memo was fake and full of lies, he alleged.
Addressing the counsel, Justice Yahya Afridi asked him to inform the court about something new as his arguments were also narrated by other counsel.
The counsel said that main accused Ahmed Omar Sheikh did not make any confessional statement. The then Foreign Office spokesman had stated that everything was happening from India, he added.
He said that Ahmed Omar Sheikh asked the police not to hand him over to the United States. He alleged that the international lobby was mobilised whenever there were trial proceedings. There was an impression that if Ahmed Omar Sheikh was acquitted, he would be handed over to the United States, he added.