A three-judge unique bench of the Supreme Court (SC) led by Chief Justice of Pakistan (CJP) Gulzar Ahmad will hear the petition of the moms and dads of American reporter Daniel Pearl on June 1 against the Sindh High Court’s (SHC) decision of suspending the sentence of convicts in their kid’s murder case.
The killed reporter’s moms and dads had actually approached the pinnacle court against the high court’s April 2 verdict travelling the death sentence Ahmed Omar Saeed Sheikh– the male founded guilty of kidnapping and killing American reporter Daniel Pearl in 2002– to a seven-year sentence, and acquitted 3 others who had actually been granted life jail time in the case.
Ruth Pearl and Judie Pearl submitted a petition through distinguished legal representative Faisal Siddiqi against the acquittal and release of the 4 implicated.
“The decision by the Sindh High Court to free the men in the murder of Daniel Pearl is a complete miscarriage of justice. It is a defining case for the Pakistani state and its judicial system, involving freedom of the press, the sanctity of every life, freedom from terror and the manifestation of a welcoming and safe Pakistan to the world. Rarely has any court case embodied and risked such fundamental values,” stated the legal representative.
The petition specified that the SHC “failed to note that this was a brutal murder” and a result of international terrorism, and the concept of the requirement of evidence, in addition to the advantage of the doubt in cases of international terrorism, has to be used keeping in context that the nature and kind of proof readily available in such terrorism cases can not be related with cases including non-terrorism criminal offenses.
“Therefore, it is obvious and apparent that the impugned judgment is clearly erroneous because it is fundamentally based on a misinterpretation of law and misreading of the entire record of Special Case No.26 of 2002,” specified the petition, including that the impugned judgment is accountable to be reserved.
The petition even more declared that the SHC erred in holding that no proof has actually been caused record by the prosecution to connect any of the implicated individuals to the murder of Pearl.
“It is submitted that a bare perusal of the entire record of Special Case No.26 of 2002 reveal that there is a plethora of incriminating evidence, both forensic as well as oral, which proves that murder of the deceased person has been committed and that all the accused persons have aided and abetted the murder of the deceased person,” it added.
The petition specified sent preserved that the SHC additional erred in stopping working to think about that Ahmad Omar Sheikh has a history of participation in international terrorism.
“It is also submitted that SHC erred in failing to consider the proforma of confessional statements and the examination-in-chief of the judicial magistrate, wherein it has been categorically stated that the confessional statements have been made voluntarily,” it added.
The petition even more specified that keeping in mind the arguments, the judgment is basically based upon a “misinterpretation of the law” and on a “misreading and selective reading” of the whole record of the case.
Siddiqi added in the petition that the provincial high court’s judgement has itself held that today case is a “very sensitive case where a foreign journalist was murdered in the most brutal circumstances that would have spread terror amongst other foreigners in Pakistan and the journalist community as a whole”.
“Therefore, in light of its own finding and the strong incriminating evidence establishing the case for kidnapping for ransom of the deceased person, the Sindh High Court has erred in giving the aforementioned findings,” the petition preserved.
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