Daniel Pearl Kidnapping Case: Accused remanded to police custody
KARACHI- Justice Shabbir Ahmad of Sindh High Court granted on Tuesday a 14-day police remand of the accused in Daniel Pearl Kidnapping Case.
“The matter is under investigation and the investigation cannot be conducted unless police remand of the accused is granted for the purpose of investigation……I am, therefore, of the view that this court can grant remand in spite of repeal of the provisions till re-constitution of Anti-terrorism Courts is duly notified,” the judge held and added that legal vacuum should not be allowed to creep.
The judge had refused on Monday to remand accused Fahad Naseem, Salman Saquib and Shaikh Adil into police custody on the grounds that he had ceased to be the administrative judge of ATCs after January 31 amendment in Anti-terrorism Act (ATA-1997). He, however, had decided to hear detailed arguments on the point on Tuesday.
The accused were arrested from Gulistan-e-Jauhar on the charge of sending pictures of Daniel through e-mail on the direction of their absconding gang leader Shaikh Omer Saeed. They were alleged to be members of defunct Jaish-e-Muhammad.
They have remained in police custody for about a week while no one can be detained for more than 24 hours under the law without obtaining remand from the court of competent jurisdiction. The matter was again taken up on Tuesday when investigating agency produced the accused with muffled faces.
The AG Sindh Raja Qureshi and AAG Sindh Habib Ahmad advanced exhaustive arguments and elaborated the issue with the support of different citations from criminal jurisprudence.
They referred to Article 264 of the Constitution and contended that the repeal of certain Sections/Provisions of ATA-1997 through the amendment did not affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment and any such investigation, legal proceedings or remedy might be instituted, continued or kept in force on the basis of clause (e) of Article 264. The court accepted request of the State and granted physical remanded of the accused till February 25.
The judge inquired of each accused if they were maltreated by police during their custody. Khawaja Naveed Ahmad, who filed Vakalatnama on behalf of all the accused, pointed out that Salman Saquib was limping.
The accused, however, clarified that he limped as he had received bullet injury at his ankle about two-and-half year back.
Source: The News