Pearl’s murder case hearing in jail from April 5
KARACHI- Trial of all the 11 accused charged in the Daniel Pearl murder case will commence on April 5 in the Karachi central prison, for security reasons.
This was stated by the Advocate-General Sindh, Raja Qureshi, who on Friday submitted the final challan before Justice Shabbir Ahmed of the Sindh High Court, who is also Administrative Judge of the Anti-Terrorism Courts, Karachi.
Justice Ahmed, in his order, assigned the case to Anti- Terrorism Court-III, presided by Judge Arshad Noor Khan, and fixed the case for hearing on April 5. The accused have been charged under sections 365-A (kidnapping for ransom), 368 (wrongfully concealing or keeping in confinement, kidnapping), 302 (murder/Qatl-i-Amd), 205 (impersonation), 120 A (criminal conspiracy) and section 34 of the PPC.
The other sections under which the accused are charged include: 7 (A), B(a), (b), (c), 6 (2), (b), (c), (e), (f), 11 V (1) (a), (b) (2), 11 L (a), (b), 7 (a), (b), (e), 11 H (2), (a), 11 W (1), (2), and 7 ATA. If convicted they could be awarded death penalty.
British-born Pakistani Ahmad Omar Saeed Shaikh, prime suspect in the case, and Adil Shaikh were brought to the court amid tight security, without muffled faces. Two other suspects, Fahad Nasim and Salman Saqib, who are also in judicial custody, were not produced.
During the proceedings when Abdul Waheed Katpar, representing Omar Shaikh, submitted that in view of the sensitivity of the high profile case, Justice Shabbir should himself conduct the trial, Qureshi placed a notification issued by the Home Department on behalf of the Sindh government, notifying the trial of the case to be held at the central prison, Karachi.
When Justice Shabbir was in the process of assigning the case to ATC III principal accused Omar Shaikh, according to sources, pleaded that his case should be sent to Shariat Court. But Justice Shabbir declined, and said such matter could be raised before the trial court, they said.
“The government has decided that the trial should be held inside the prison because of security reasons,” Qureshi later told waiting newsmen outside Justice Shabbir’s chambers.
The Home Department notification No. PRS-II-HD/8-11/2002 inter alia says: “In exercise of powers conferred under sub- section (2) of Section-15 of Anti-Terrorism Act, 1997, upon the Federal Government and delegated to the Provincial Government, bearing No. F.13 (7)/97-A-III, dated 09.10.1997, the Government of Sindh is pleased to notify the sitting of Special Judge, Anti- Terrorism Court, for conducting trial of case(s) against Shaikh Umer and other co-accused persons named in First Information Report (F.I.R) No. 24/2002 U/s 365-A/302/109 PPC R/W 7(A), 6(N) A.T. Act of PS Artillery Maidan, Karachi, at Central Prison, Karachi.”
On being questioned as to whether it would be a camera trial inside the jail or would be open to public and media, Qureshi replied that the Anti-Terrorism Act contemplates the conduct of camera trial. But whether it would be open to media and the public, he said, such power vested with the provincial government, keeping in view security reasons as well as sensitivity of the case.
He further said the Anti-Terrorism Act also provided for steps towards security, which could be taken for the accused persons, for the prosecutors, defence attorneys, prosecution witnesses for smooth conduct of the trial.
Katpar later told newsmen: “We can challenge trial in camera,” and added, he would consult his client on this possibility.
Under the law, trial has to be completed in seven days. While the AG made this statement it was not yet clear whether complainant Mrs Daniel Pearl, who is pregnant, would be in a position to undertake the journey soon to enable the prosecution here to complete the trial within the mandated time frame.
In the present case body of Daniel Pearl has not been recovered, cause of death is not known, place of murder has not been established, weapon of offence not recovered nor the place of his confinement been identified.
The advocate-general said he provided copies of final challan and material to the accused, who have been charged with kidnapping for ransom, murder and terrorism, coupled with conspiracy. The court also directed that the two accused (Fahad Nasim and Salman Saqib), who were not produced on Friday, be also provided copies of final challan.
The accused are: Ahmed Omar Saeed Shaikh alias Muzzafar Farooq, Shaikh Mohammad Adil, Salman Saqib, Fahad Nasim and seven absconders – Amjad Hussain Farooqi alias Haider Farooqi alias Hasan, Asif alias Qasim, Hashim, Qari Abdul Qadeer, Hasan alias Ahmed Bhai, Imtiaz Siddiqui and a person who purchased Polaroid camera.
Thirty-six prosecution witnesses, include widow of the murdered American journalist of the Wall Street Journal, Mariane Pearl, who had lodged the FIR of her husband’s abduction, Randel D. Bennet, regional security officer, US Consulate, Karachi; John Loligan, FBI agent and Ronald Joseph, computer expert, who authenticated the e-mails sent by abductors of Pearl. In all, five more names have been added to the list of PWs in the final challan.
Qureshi said Justice Ahmed also directed that ailing accused Salman Saqib, whose counsel Khawaja Naveed Ahmed had filed an application that the accused was suffering from Hepatitis C and passing blood through stool, be provided proper medical treatment. Qureshi assured the court that a senior doctor would be sent to examine Salman Saqib in the prison so that he could be given the required medical assistance.
At the request of prime suspect’s father, Justice Ahmed also directed that arrangements be made for his meeting with Omar after Juma prayers, in the prison. Similar directives were also issued in the case of Adil Shaikh’s brother and mother.
In the final challan, the prosecution has relied on circumstantial evidence and showed recovery of two e-mails, one e-mail in Urdu, a scanner, a laptop computer and its hard disc photograph of Pearl, videocassette, receipt of purchase of scanner, receipt of purchase of Polaroid camera and two National Identity Cards. The prosecution said genuineness of the videotape showing Pearl’s murder was confirmed by PTV engineers, who examined the tape with the permission of the general manager, Karachi TV. The prosecution also attached confessional statements under section 164.
The list of prosecution witnesses include the name of Mariane Pearl, who had lodged the FIR of her husband’s abduction, Police Inspector Javed Abbas, Head Constable Ashiq Ali, Nasir Abbas, Faisal Khan Afridi, CPLC Chief Jameel Yousuf, Asif Mehfooz Farooqi (Journalist), Mehmood Iqbal, Naeem Ahmed, Zaheer Ahmed, Chaudhry Nazar Hussain, ASI Noor Mohammad, Head Constable Mohammad Iqbal, Mohammad Arif Zakaria, Rajesh Kumar, Abdul Majeed, DSP Investigation-II Ather Rahseed Butt, Deputy Superintendent Police (DSP) Asghar Osman, Inspector Rao Aslam, Faisal Noor, Colonel (retd) Osman, an official of Mobilink; Erum Jehangir, Judicial Magistrate; Agha Tajammul, SP Jamshed Quarters, Akbar Jaferi, handwriting expert; Amir Afzal Qureshi, Mohammad Ali, assistant director special branch; Abdul Sami Qureshi, PTV engineer; Manzoor Qureshi, Programme Manager, PTV-K; Athar Wiqar Azim, GM PTV-K; Pir Mubarak ALi Shah Gilani, Mohammad Haroon, Head Constable Ali Nawaz and Inspector Hameedullah Memon.
The Wall Street Journal correspondent Daniel Pearl went missing on Jan 23 in Karachi and on Feb 22 he was declared dead after authorities received and examined videotape containing visuals of him being killed.
Source: Dawn
Date:3/30/2002
” 
” 
” 
” 
” 
