- The government needs to win the appeal
The US State Department reaction to the Sind High Court decision overturning the life sentences of three of the co—accused in the Daniel Pearl kidnapping-cum-murder case, and the death sentence of the main accused, Ahmad Omar Sheikh, is instructive. Assistant Secretary for South Asia Alice Wells said the verdict was an affront to the victims of terrorism everywhere. That it is a criticism of the SHC shows that the USA does not respect the Pakistani judiciary, but it also shows that the acquittal could well become another hot-button issue, like the Mumbai attacks, which led to Pakistan being besmirched with the label of being a sponsor of terrorism. It should be remembered that a court has to go on the evidence and testimony before it, so while Ms Wells’ criticism may be seen as uncalled-for, it should not be forgotten that the prosecution was probably inefficient.
With all the accused due to be released because of time already served (Mr Sheikh has been in jail since 2002), the Sindh Government has issued a three-month detention order, as they may do something against the interests of the country. With the Financial Action Task Force breathing down Pakistan’s neck, the government should have realized that it could not afford to lose this case. This should inspire the government to prosecute the case vigorously before the Supreme Court. There was enough evidence presented to the trial court for it to decide on a conviction. However, that evidence has not been found sufficient by the SHC.
That this case has the potential to explode in the face of the country while it is undergoing an existential crisis is not supposed to be a consideration for any court. However, it is for the government. Any case should be prosecuted vigorously, but if there have been any lacunae left in this, it is for the government to realize that it must cover them in the appeal to the Supreme Court. At the moment, Mr Pearl’s murder remains unsolved. This should be unacceptable for the government and it must ginger up its law enforcement machinery to ensure that the guilty are brought to justice.
