ISLAMABAD  - The Sindh provincial government on Friday filed review petition against the Supreme Court of Pakistan’s order to release all the accused allegedly involved in kidnapping and murder of Daniel Pearl.

The criminal review petition was moved under Article 188 of the Constitution read with Rule XXVI of the Supreme Court Rules, 1980 against the apex court short order dated 28/1/2021.

Meanwhile, the office of Attorney General for Pakistan in a statement said, “The federal government is in contact and fully engaged with the Sindh government in respect to the order passed by the Supreme Court in Daniel’s murder case.” It further said, “The federal government is extending full support to the provincial government in this matter and legal steps are being taken in this regard.”

In this matter, a three-member bench of the Supreme Court headed by Justice Mushir Alam and comprised Justice Sardar Tariq Masood and Justice Yahya Afridi on January 28th with 2-1 majority decision dismissed the appeals of Sindh government and Daniel Pearl’s parents in murder of Wall Street Journal’s (WSJ) Bureau Chief for South Asia.

The order of Justice Mushir Alam and Justice Tariq Masood stated, “Criminal Appeals of Sindh government and Criminal Petitions of Daniel Pearl’s parents are dismissed, the Sindh High Court judgment dated 02.04.2020 maintained to the extent of acquittal of all the four respondents from their charges. Criminal Appeal of 2020 filed by Ahmed Omer Shaikh against his conviction under section 362, PPC, is allowed and he is acquitted of the charge by extending the benefit of doubt to him. Ahmed Omer Shaikh, Fahad Nasim Ahmed, Syed Salman Saqib and Shaikh Muhammad Adil shall be released from the jail forthwith if not required to be detained in connection with any other case.” 

However, Justice Yahya Afridi disagreed with other two members of the bench and partly allowed the appeals of Sindh government and Daniel’s parents in the terms that Ahmed Omer Shaikh and Fahad Nasim are convicted under Sections 365-A & 120-B, PPC and Ssection 7 of the Anti-Terrorism Act, 1997 each and sentenced to imprisonment for life on each count. “All the sentences passed against both of the convicts shall run concurrently.” However, he wrote that the benefit under Section 382-B, Cr.P.C. shall be extended to them.

He dismissed the Sindh and parents appeals to the extent of Syed Salman Saqib and Shaikh Muhammad Adil and maintained their acquittal on all the charges, they shall be released from the jail forthwith if not required to be detained in connection with any other case. He dismissed appeal filed by Ahmed Omer Shaikh.

In the review petition, the Sindh prosecution submitted that Marianne Pearl wife of deceased journalist in her complaint to the police wrote, “I first heard of my husband’s kidnapping from e-mail message received on the January 27th 2002. The e-mail message included photograph that showed my husband held in detention in inhuman condition.”

Marianne complaint further said, “The writer (s) of the e-mail wrote that they had abducted my husband in retaliation for the imprisonment of Pakistani men by the U.S Government in Cuba and other complaints. The unknown accused persons had demanded the provision of lawyers to Pakistani detained in the U.S, the release of the Pakistani jailed in Cuba to Pakistan, the return of former Talban Ambassador Mulla Zaeef to Pakistan and the delivery of F-16 fighter jets to Pakistan or the repayment of money allocated for those F-16 Jets as well as 15 per cent interest.”

The Sindh government submitted that the offences created a sense of fear and terror in the minds of the public at large, both nationally and internationally as such all the accused/Respondent were guilty of the charges levelled against them on all counts.

It argued that the High Court erred in failing to appreciate that the object and design of the acts of respondent/accused was to cause fear and terror amongst the public at large.

It maintained that the doctrine of ‘last Seen evidence’ is fully attracted and applicable in the instant case in view of the factum that the charge of abduction has admittedly been proven while the video cassette produced without challenge has proven the murder of deceased Daniel Pearl.

The Sindh government further said that PW-12 John Moligan appeared and produced before the Court original video cassette along with a copy thereof which was played in presence of accused/Respondent, their counsel and the prosecution during the course of trial but the High Court has not considered this very important piece of evidence while deciding the case.