Prosecution didn’t show guilt of important accused in Daniel Pearl case: Pak SC

ISLAMABAD: Pakistan’s Supreme Courtroom has criticised the prosecution for its failure to show the guilt of British-born al-Qaida terrorist Ahmed Omar Saeed Sheikh, the principle accused within the sensational kidnapping and homicide of US journalist Daniel Pearl in 2002, based on a media report.
The apex court docket issued its detailed 43-page judgment on Friday, which has been authored by Justice Sardar Tariq Masood – who was a part of the three-member bench.
Daybreak newspaper reported that the judges held that the proof furnished through the trial was stuffed with factual and authorized defects.
The judgement explains the the reason why the Supreme Courtroom had on January 28 acquitted, by a majority of two to 1, Omar Sheikh and others and ordered the discharge of the principal suspect in addition to Fahad Nasim Ahmed, Syed Salman Saqib and Shaikh Mohammd Adil from the jail forthwith, if not required to be detained in reference to another case.
Pearl, 38, was the South Asia bureau chief of The Wall Avenue Journal. His homicide happened three years after Sheikh, together with Jaish-e-Mohammad chief (JeM) Masood Azhar and Mushtaq Ahmed Zargar, was launched by India in 1999 and given secure passage to Afghanistan in alternate for the almost 150 passengers of hijacked Indian Airways Flight 814.
The Sindh Excessive Courtroom (SHC) on April 2, 2020 commuted the demise sentence of Sheikh convicted of kidnapping and murdering US journalist Pearl in 2002 to seven years and acquitted three others who have been serving life phrases within the case – nearly 20 years after they have been discovered responsible and jailed.
The SC on January 28 ordered authorities to launch the accused whereas issuing a cut up order. The third member of the bench Justice Yahya Afridi didn’t agree with the bulk view and issued a dissenting be aware. Justice Yahya Afridi, a member of the bench, had dissented from the bulk opinion.
The judgment stated nearly all of judges have been entertaining no quantity of doubt that prosecution had didn’t convey house guilt of the accused/respondents and appellant because the proof furnished through the trial is filled with factual and authorized defects.
“On this case, relating to each piece of proof, the doubts are rising from the mouth of the witnesses, and it’s settled since centuries that the advantage of doubt routinely goes in favour of an accused,” the decision stated.
Even when a single circumstance created cheap doubt in a prudent thoughts relating to the guilt of an accused then the accused was entitled to such profit, not as a matter of grace and concession however of proper, and such profit have to be prolonged to the accused individuals by the courts with none reservation, the decision stated.
Thus the SHC had rightly prolonged the advantage of the doubt to Fahad Nasim Ahmed, Syed Salman Saqib and Sheikh Mohammad Adil and acquitted them of all the fees and had additionally rightly prolonged the advantage of the doubt to Omar Sheikh relating to all different prices, the judgement stated.
However the SHC wrongly convicted him beneath Part 362 of the PPC when the proof of Nasir Abbas was stuffed with doubts and no reliance may very well be positioned on such a uncertain assertion.
So the conviction of Sheikh was not justified, the judgement stated, including that although the counsel for the dad and mom of Pearl argued that it was a high-profile case, even in such circumstances the advantage of the doubt couldn’t be prolonged to the prosecution.
In the meantime, Justice Afridi in his 52-page dissenting be aware noticed that in circumstances of conspiracy, direct proof was seldom obtainable and a conspiracy may very well be established by circumstantial proof.
Voicing outrage over the acquittal of Sheikh and his aides, the White Home had requested Pakistan to expeditiously overview its authorized choices, together with permitting the US to prosecute them to safe justice for Pearl’s household.
Amid mounting strain from the US and the UN, the federal authorities filed an software earlier than the apex court docket to be allowed to affix as a celebration within the proceedings and additional search overview and recall of the court docket’s January 28 judgement.

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