ATC bars defence from showing video: Pearl case
HYDERABAD- Judge of the Anti-Terrorism Court (ATC) Syed Ali Ashraf Shah on Thursday restrained the defence counsel, Rai Basheer Ahmed, from displaying or exhibiting the video CD (VCD) containing images of the gruesome murder of US journalist Daniel Pearl.
The order was passed on an application filed by the advocate general, Sindh, Raja Qureshi, seeking an order of restraint against the accused, their agents, or all those who were acting on their behalf.
The trial of the case has come to a standstill till June 10 because a division bench of the Sindh High Court (SHC), Karachi, did not announce the order on criminal revision application of the advocate general, Sindh, that day. The order has been reserved by the bench after hearing the prosecution and defence counsels.
The advocate general told journalists that in case the order was not announced on Monday, then the hearing would resume immediately on the next day if the Sindh High Court announced the order.
The examination-in-chief of the investigating officer (IO), Hameedullah Memon, has been completed and his cross examination has been reserved till Monday by the defence.
Defence Counsel Rai Basheer Ahmed claimed that in case the high court rejected criminal revision application of the advocate general, Sindh, then he and Abdul Waheed Katpar would need two days to prepare themselves for cross examination of the investigating officer after viewing the VCD with the experts.
By way of his application, the advocate general, Sindh, has requested a division bench of the Sindh High Court to set aside the order, passed on May 28 by the anti-terrorism court, Hyderabad, ordering the release of the VCD.
The advocate general, Sindh, informed journalists that the trial had come to a standstill because the trial court would have to await the order of the SHC, which could be announced any day. He claimed that he filed the application seeking order of restrain against defence on the basis of newspaper reports that the defence counsel wanted to show the VCD at the press club on Wednesday.
He said that the defence counsel denied that he had shown the VCD on Wednesday and undertook not to do so in future as well. He claimed that the application was filed because section 8(c) of the Anti-Terrorism Act (ATA), 1997 declared the conveying or exhibition or displaying of movies or visual images with sound, which conveys terrorism to be schedule offence.
To a query that whether the same applied to journalists, he said that if the video, obtained by way of unauthorised means, contained images, which spread terrorism, it fell within the mischief of the ATA, and added that the video had some images of terrorism in the shape of the slaughtering of the American journalist. However, if the video was obtained through lawful means and from the court of law, then it would mean lawful acquisition, he clarified.
He said that he did not know whether the video of the American journalist was available on the Internet. Responding to another question, the advocate general said that reality is reality, and a movie, showing scenes of terrorism and violence, is after all a movie.
Source: Dawn
Date:6/7/2002
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