AG’s plea in Pearl case rejected: Putting handwriting expert’s report on record
HYDERABAD- Anti Terrorism Courts (ATC) Judge Syed Ali Ashraf Shah here on Friday rejected an application of prosecution in Daniel Pearl kidnapping-cum-murder case, requesting to place on record a report of a handwriting expert, containing grounds on which he certified the admitted and disputed documents were written by the same accused.
A prosecution witness conceded before the court the First Information Report (FIR) of Marine Pearl, widow of slain journalist, was lodged after a delay of 12-days, defence counsel claimed.
The accused complained to the court they had been denied facilities permissible under jail manual. They said they were not even allowed to offer prayers collectively. The accused claimed they were only allowed half an hour stroll whereas other under trial prisoners were allowed to have this opportunity for two hours.
Defence council Rai Bashir Ahmed claimed medical examination of Salman Saqib was conducted and according to the report, his liver was afflicted with some disease and he was still passing blood in urine.
According to Saqib’s brother his condition was serious and he was not provided medicines prescribed by the doctors.
The court called Deputy Inspector General (DIG), Prisons, Nawaz Hussain, and acting jail superintendent, Zia-ur-Rehman, and directed them to ensure the availability of facilities permissible under jail manual. The court rejected the application filed by the prosecutor, Advocate General, Raja Qureshi, on the ground sufficient material had been brought on record in connection with the observation of the handwriting expert Ghulam Akbar Jaferi.
Qureshi told journalists the prosecution reserved right to question the said order of ATC before Sindh High Court (SHC).
In the application, he sought permission for bringing on record a report of the handwriting expert that contained grounds for his determination of the fact that specimen of disputed and admitted documents of accused Ahmed Omar Saeed Sheikh and Adil Sheikh were similar. He claimed the prosecution mistakenly forgot to attach the said report.
Both the defence counsels opposed the application. The counsels also opposed the application of prosecution, seeking constitution of a commission to proceed to London and record statement of Marine.
The court deferred this application for Tuesday when Barrister Jameel, counsel for Marine, will argue this application and inform whether he had any written request on behalf of Marine.
Ahmed informed the court no written application or medical certificate had been submitted on behalf of Marine. He added in case she was pregnant at an advanced stage, the court could wait for her to come before the court personally and record her statement if she was interested.
He claimed it appeared the prosecution wanted to visit London on government expenses. He argued the defence also would have to be facilitated by the government to go to London because the presence of accused was necessary during recording of Marine’s statement unless they requested for exemption on their own.
The counsel said defence lawyers informally discussed with prosecution the reported recovery of Pearl’s body. He told journalists if it was Pearl’s body, the court would have to stop the proceedings. He said since there were reports of arrest of three more suspects, the court would have to hold a retrial afresh right from framing of charges and recording of evidences of prosecution witnesses. He alleged it was another drama staged by prosecution.
Prosecution produced another witness, sub-inspector Aslam Jat of the Artillery Maidan police, who had lodged the FIR of Marine on Feb 4.
The counsel quoted Jat as having admitted Pearl went missing on Jan 23 whereas the case was lodged on Feb 4 after a delay of 12 days.
The police official stated in Marine’s application it was not mentioned Pearl had been kidnapped and she told police her husband had gone to Village Restaurant and since then he was missing. Prosecution will produce a new witness on Saturday.
Source: Dawn
Date:5/18/2002
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