KARACHI: The United States has slammed Pakistani court’s decision on Thursday to overturn convictions in Daniel Pearl murder case calling the ruling offensive to terror victims.
The Sindh High Court in a much awaited verdict overturned the death sentence of Omar Saeed Sheikh — convicted in the murder of American journalist Daniel Pearl in 2002 — into seven years imprisonment while acquitting three of his accomplices.
Principal Deputy Assistant Secretary of US State Department’s Bureau of South and Central Asian Affairs, Alice Wells said, “The overturning of the convictions for Daniel Pearl’s murder is an affront to victims of terrorism everywhere.”
However, the US official welcomed Pakistan decision to appeal to appeal the acquittal of Ahmed Omar Saeed Sheikh and three others who are now in detention for a period of three months.
The prosecution has also announced to challenge the decision in the Supreme Court of Pakistan.
“We welcome Pakistan’s decision to appeal the verdict,” Wells tweeted, adding that those responsible for the American journalist’s heinous kidnapping and murder should face the full measure of justice.
In July 2002, British national of Pakistani origina, Sheikh, was convicted for Pearl’s kidnapping and murder along with Salman Saqib, Fahad Naseem and Shaikh Adil who were given life imprisonment.
A Wall Street Journal reporter, Pearl was kidnapped in Pakistan’s biggest city of Karachi in January 2002 while researching a story on militancy and was beheaded on February 1.
“No evidence has been brought on the prosecution to link any of the appellants to the murder of Pearl and as such the appellants are acquitted of murder [under Section 302 of the Pakistan Penal Code],” the court ruled in its 40-page detailed judgment, highlighting a fundamental weakness in the prosecution’s case.
“It could not be proved that the accused had murdered Daniel Pearl so they have been acquitted. But since the charges of [Section] 365 [that deals with kidnapping cases] have been proved against Omar Sheikh, he has been given seven-year imprisonment,” Sheikh’s lawyer Khawaja Naveed Ahmed told Arab News, adding that the government could appeal the Sindh High Court’s decision in the country’s apex court.
“If the government did not appeal the verdict,” he added, “all four accused will be released since they have already spent 18 years in jail.”
Speaking to Arab News, Sindh’s Prosecutor General Faiz Shah said the government would request the Supreme Court of Pakistan to suspend the Sindh High Court’s order and prevent the release of the accused. “We will file an appeal in the apex court as soon as we get the court’s judgment,” he added.
Meanwhile, the Sindh administration has detained the acquitted individuals by invoking the Maintenance of Public Order (MPO) law for a 90-day period.
According to legal experts, the case has once again exposed the flaws of prosecution in Pakistan’s judicial system.
“Lack of better investigation and prosecution is a huge problem that Pakistan has been facing. Almost every law enforcer, whether from police, Rangers or the Federal Investigation Agency, fails to build a proper case which leads to a low conviction rate,” Shaukat Hayat, a legal expert, said, adding that the same thing also happened in the Daniel Pearl case.
“Although the trial court had handed down major punishments, the prosecution’s case turned out to be weak that could not withstand the Sindh High Court’s scrutiny,” Hayat, who kept a close watch on the proceedings of the case, said. “The witnesses were weak and much of the evidence was not cognizable.”
Asked if the Supreme Court could demand a new investigation while hearing the review petition, Hayat said that the superior judiciary examined the evidence already presented in the trial court to see if it was taken into consideration.
“It’s very rare that the Supreme Court overturns the judgment of a high court,” Hayat said, adding that it was highly likely that the apex court would uphold the Sindh High Court’s decision due to weak prosecution.
“Owing to the international pressure, however, the case may take very long to conclude,” he added.