Pearl’s murder: Omar, 10 others indicted ATC remands Omar Shaikh, co-accused to judicial custody after 47 days; prosecutor says no extradition until trial is over
KARACHI- State counsel in Daniel Pearl murder case on Friday said that whatever accused Shaikh Omar had stated before the court would be used against him despite the fact that he did not say anything on oath.
On his first production before the Anti Terrorist Courts (ATC), Omar had admitted having masterminded kidnapping of the Wall Street Journal correspondent. On his second appearance before the ATC, he had stated that if he was handed over to the US authorities they would have to return him to Pakistan in the same way India was forced to do.
Advocate General Sindh, Raja Qureshi made this statement before media people after attending pre-trial proceedings in Daniel Pearl murder case before the ATC judge Arshad Noor Khan. The police submitted interim charge sheet of the case and produced principal accused Omar Shaikh and his accomplice Adil Shaikh before the judge in the closed-door courtroom. On request of the AG, the court allowed the police time till March 29 to file final charge sheet and remanded both the accused to judicial custody till that date.
While submitting the interim charge sheet, AG Sindh Raja Qureshi sought time on the grounds that the victim’s body and weapons used in the crime were yet to be recovered and the other co-accused arrested. He said so far the investigating agency had secured texts of two English and one Urdu e-mails, one scanner, a laptop, photograph of Daniel Pearl, videocassette, receipt of purchase of scanner, and receipt of purchase of Polaroid camera.
Qureshi said the videotape was sent to the managing director PTV for expert opinion and he, in his report, stated that the material in the cassette was genuine. Arshad Noor, who is acting as administrator judge of ATCs in absence of Justice Shabbir Ahmed, allowed the request of AG Sindh and gave the police till March 29 for submitting final charge sheet of the case. He directed the investigating agency to produce all the four accused on that date. The prosecution was also asked to provide copies of the statements of prosecution witnesses to the four accused in jail on or before March 29, the date on which formal commencement of the trial is expected.
The Anti-Terrorism Act 1997, under which the accused are to be tried, provides for conclusion of a trial within seven working days after its commencement.
Omar Shaikh, who remained in police custody for 47 days from February 5 when he was arrested from Lahore, drew the court’s attention toward his pending application for permission to any of his family members to meet him. On this application Justice Shabbir had issued notice to the state counsel.
Judge Arshad Noor, however, observed that since the application was not placed before him he could not issue an order on it. He, however, directed the jail authorities to allow Omar’s family to meet him as per the jail manual.
On an application moved by Khawaja Naveed Ahmed, counsel for three co-accused, the court directed the jail authorities to get accused Saquib Salman medically examined by the jail doctor and send the report by next date. In the application the counsel said that Saquib was afflicted with Hepatitis C and continuation of his detention could prove detrimental to his life.
The court also allowed another application filed by Zeenat Begum, wife of Saquib, and directed the jail authorities to allow her to meet him in jail as per the jail manual. Both the accused were brought to the court amid extraordinary security in an APC at about 10:55 am. Their co-accused, Saquib Salman and Fahad Naseem, who are already in judicial custody, were not produced. Hundreds of policemen were deployed around and inside the KMC Rest House and on the rooftops of nearby buildings. Except for the court staff, no one, including journalists, were allowed to enter the court premises. The Deputy Inspector General (DIG) Operations Karachi Tariq Jameel monitored the security arrangements.
“If anyone of you (journalists) had approached me I would have allowed all of you inside the courtroom because it is an open court and fair trial,” said the judge when contacted after the day’s proceedings were over.
Agencies add: Shaikh Omar cannot be extradited to the US in the near future now as he has been charged with the abduction and murder of Daniel Pearl, the chief prosecutor Raja Qureshi said. “Once a trial commences then the person cannot be extradited unless the trial has been concluded and, if convicted, he has served out the sentence,” he said.
Omar was also indicted by a US federal grand jury on March 14 for Pearl’s abduction and murder, and for abduction of an American tourist in India in 1994. The US had already requested Omar’s extradition late in February, but Islamabad wanted that investigation was completed in Pakistan first. Meanwhile, Omar Shaikh expressed no confidence in the lawyer who was asked to defend him by his uncle. He said this when the ATC Judge Arshad Noor asked him about his counsel.
Source: The News
Date:3/23/2002
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