ISLAMABAD: The counsel of the parents of Daniel Pearl on Wednesday argued in the hearing of appeals in Supreme Court against acquittal of four convicts by the Sindh High Court in the murder case.
In his arguments before a three-judge bench headed by Justice Mushir Alam, counsel Faisal Siddiqui pleaded that the court should review the evidence of kidnapping and murder separately.
“The post mortem report of the slain journalist identified his age, height and dress”, the counsel said. The post mortem report came during the trial, perhaps it was not made the part of the verdict, because the trial was in its final phase, the counsel stated.
“If the state or the complainant had requested to make the post mortem report a part of the trial,” the bench questioned. “How it was revealed that the body of Daniel Pearl was buried at that place,” Justice Sardar Tariq asked.
“An application should have been submitted with subsequent necessary steps,” Justice Tariq further remarked.
“The high court should have exercise its authority if an important evidence left out of the record,” Faisal Siddiqui argued. “The body was not identified till the trial court given its verdict,” he further said.
“Post mortem report was not part of the challan, then challan should have filed again,” Justice Sardar Tariq remarked.
“Now what will you plead to the supreme court,”Justice Yahya Afridi asked the counsel. “The matter can be sent to the trial court or the high court again,” the counsel replied. “The supreme court on its own can review the evidence, it not requires a complete trial,” Faisal Siddiqui argued.
“The complainant didn’t record her statement, in anyway it is the prosecution to set the sequence of the evidence,” Justice Tariq remarked.
“I have completed my arguments upto the dead body. From tomorrow I will separately discuss the role of each accused,” the counsel said.
The bench adjourned further hearing of the case.
Four convicts of the murder case, British national Ahmed Omer Saeed, co-accused Fahad Naseem, Salman Saqib and Sheikh Adil had moved the SHC in 2002 challenging their convictions handed down by the Hyderabad Anti-Terrorism Court after finding them guilty of abducting and killing American Journalist Daniel Pearl.
The 38-year-old South Asia bureau chief of The Wall Street Journal, Daniel Pearl, was researching a story on religious extremists, in January 2002 in Karachi when he was abducted and slain.
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