ATC stays release of video showing Pearl’s killing
HYDERABAD- The judge of Anti-Terrorism Court (ATC), Syed Ali Ashraf Shah, here on Tuesday ordered the release of a video cassette showing the slaughter of Daniel Pearl on an application filed by the defence counsel. But soon after passing of the order, the court stayed operation of the same order for 72 hours on another application, filed by Sindh Advocate-General Raja Qureshi, chief prosecutor in the Pearl case.
He requested the court to withhold release of the video because the prosecution would challenge this order before the Sindh High Court (SHC).
The judge also directed the Medical Board that had conducted the post-mortem of the remains of an unidentified body, exhumed from a plot in Karachi, to provide the attested copy of the autopsy to the defence.
In all, the court today heard and disposed of five separate applications, four from the defence and one from the prosecution side.
The case has now been fixed for June 1 when the court would examine two investigating officers, Hameedullah Memon and Rao Aslam.
On Tuesday, cross-examination of Mehmood Iqbal Hashmi, who was supposed to bring the Internet server from Karachi, was to be held. But, he did not produce it before the court. Upon which the defence counsel, Rai Basheer Ahmed, filed a contempt-of-court application against him, arguing that since the prosecution witness failed to bring the server he violated the court order willfully, therefore, the proceedings under the contempt-of-court act should be initiated against him.
The attorney general Sindh submitted before the court that it was practically impossible for the prosecution witness to bring the server worth over Rs4.5 million before the trial court as this equipment was connected with the internet which was why it could not be produced.
The contempt application was rejected by the court. The cross-examination has been fixed for June 1 as well.
Senior Defence Counsel Abdul Waheed Katpar said the ATC judge rejected another application of defence pertaining to the recording of evidence of Marianne Pearl first.
He claimed that as per rule the investigating officers were to be examined last. But the court disallowed this plea, observing that both the investigating officers could be recalled, if the need arose, under section 540 Criminal Procedure Code (Cr.PC).
The judge, however, allowed two other applications of defence. The first was filed on the basis of a news reports suggesting that the Karachi police had recovered a body in the jurisdiction of the Gulzar-e-Hijri police station which was believed to be of Daniel Pearl and the defence needed an attested copy of the autopsy of the body.
The counsel said that nine people were arrested by the police with whose help the body was exhumed near the super highway.
The chief prosecutor objected to the grant of the application saying that the recovery of an unidentified body had no nexus with the present case at this point of time.
The court allowed this request with directives to the Medical Board to furnish an attested/certified autopsy report to the defence counsel.
Yet another application that has been allowed by the court related to the video cassette showing Mr Pearl’s slaughter.
The defence lawyers had filed this application on May 14 after the video was watched by the prosecution and defence lawyers, the accused, and the judge.
The attorney general, Sindh, however, strongly opposed the application while pleading that the prosecution did not want to encourage terrorism but curbed it. He argued that two similar applications had already been rejected by the former presiding judge of this court on April 12 and 23. He added that the release of the video cassette would not be in the national as well as international interest.
Source: Dawn
Date:5/29/2002
” 
” 
” 
” 
” 
