SC orders to remove suspect in Pearl murder from death cell

ISLAMABAD: The Supreme Court (SC) on Tuesday ordered to shift Ahmad Saeed Omar Sheikh, principal suspect in the 2002 kidnap and murder of Wall Street Journal reporter Daniel Pearl, from the death cell in Karachi Central Prison to a state rest house.

Last week, a three-judge panel quashed 18-year-old murder convictions against the four suspects, including British-born Sheikh. However, kidnapping convictions were left in place, but the men were ordered freed as they had already served out sentences for the kidnapping charges.

The Tuesday's decision was announced on separate appeals from the Sindh government and the Pearl family, requesting the court to review its decision.

The court also directed to ensure complete security of the rest house and allowed Sheikh's family access to him between 8:00 am and 5:00 pm [GMT+5].

The suspect, however, will not be given access to mobile and internet services while his family will be given accommodation and transport on the government's expense, in line with the court's directives.

During the hearing, Attorney General of Pakistan Khalid Jawed Khan insisted Sheikh was "not [just] an accused but a terrorist mastermind." At this, Justice Umar Ata Bandial sought links between Sheikh and terrorist organisations.

Khan said that the government was of the opinion that the case against the suspect was strong. However, Justice Muneeb Akhtar observed the attorney general until yesterday had said the SHC [Sindh High Court] did not hear the federal government.

"From your arguments, it seems that you no longer have these objections," the judge said. At this, Sindh Advocate General Barrister Zamir Ghumro said the federal government was not a party in the case heard by the SHC.

"Did the Sindh government raise any objection in the high court regarding this?" asked Justice Akhtar. Ghumro responded in the negative.

"The detention [of the accused appears] to be a provincial matter. The federal government has delegated its authority to the provinces [through the 18th amendment]," the judge said.

"Therefore, it seems that only the Sindh advocate general needs to be given notice."

At this, Khan asserted the bench could not deprive the Centre of its powers. "There should also be proof before exercising powers," said JusticeMansoor Ali Shah, observing the provincial government did not have evidence to keep the accused in custody.

When Khan said that it was possible the state was in possession of such evidence, the bench questioned why the material was not handed over to the Sindh government. "It seems that the attorney general has not read the reasons for the decision of the high court," said Justice Shah.

Justice Bandial also asked the federal government to present the evidence against the accused.

Justice Bandial remarked that Sheikh had been incarcerated for 18 years while the charges proven against him were for kidnapping. "Keeping one detained means 'no trial'," he said, adding that it would be wrong to accuse someone of being a terrorist without evidence.

Pearl, 38, was abducted on January 23, 2002, in Karachi and beheaded the next month, reportedly by Al-Qaeda.

Prior to his kidnapping, the journalist had been investigating the link between reportedly Pakistan-based militants and Richard Reid, the notorious “Shoe Bomber” who attempted to blow up a flight from Paris to Miami with explosives hidden in his shoes.

In July 2002, following the hearings, an anti-terrorism court (ATC) in Hyderabad had sentenced to death Sheikh and life term to other co-accused. Sheikh was convicted of helping lure Pearl to a meeting in Karachi in which he was kidnapped.

However, all four convicts had moved SHC in 2002 challenging their convictions.

In his autobiography, In the Line of Fire: A Memoir, former president Pervaiz Musharraf had claimed that Sheikh, a student at the London School of Economics (reports suggest he did not graduate), was hired by MI6 to engage in “jihadi operations”, adding that “at some point, he probably became a rogue or a double agent”.