The Supreme Court (SC) on Tuesday ordered the immediate release of the prime accused in Daniel Pearl's murder from his death cell, and directed for him to be moved to a government rest house in two days.
A three-judge bench resumed the hearing of the Sindh government’s appeal against the Sindh High Court’s (SHC) December 24 order to release accused Ahmed Omer Sheikh. The written order of the case would be issued later today.
Sheikh was further directed to be kept at a better location in the jail in an open room for the two days before he is to be transferred to the rest house.
The apex court ordered for security to be placed around the rest house and the accused not provided with mobile and internet facilities. It further allowed his family to stay with him at the rest house from 8am to 5pm.
The SC further ordered that Sheikh should not have access to the outside world from the rest house, adding that he should be allowed to spend the Kashmir Day with his family members.
The top court, before again rejecting the government’s appeal to suspend the SHC’s verdict on the acquittal of the accused, stated that the federal government could file an appeal against the SHC's decision.
The Sindh advocate general (AG) prayed before the court that Sheikh could escape after his release.
“How can the federal government object to the decision of the Sindh High Court?” Justice Muneeb Akhtar inquired, adding that it [the govt] did not even challenge the SHC’s decision.
Bench member Justice Sajjad Ali Shah then asked whether the court should justify the illegal detention. “Is it necessary to keep the accused in jail to prevent them from escaping?” asked Justice Umar Ata Bandial.
Responding to the court's remarks, the provincial AG replied that detainees should not be allowed to stay with their families. "Sheikh can contact his family members via cell phone," the AG suggested.
To this, Justice Shah replied that according to the government, Sheikh had already been using a cell phone in his jail. “We all know what happens in jail,” the judge stated.
The assistant advocate prayed upon the apex bench to keep the accused in Lahore. Moreover, the Sindh AG stated that Sheikh’s accomplices could attack the rest house and help him escape.
“Two days are being given for the government to make proper security arrangements,” Justice Bandial said.
To this, the AG replied that young soldiers were martyred while fighting terrorists only a few days ago.
“There is no denying the sacrifices of the armed forces but we are bound by the Constitution,” Justice Muneeb Akhtar replied.
Ahmed Omer and other detainees cannot be called accused, Justice Umar Ata Bandial added.
“If Ahmed Omer and others are released, they will escape,” the AG prayed. “Ground realities demand that release orders be suspended.”
The court adjourned the hearing saying the bench would be available in two weeks.
