Daniel Pearl murder case: Supreme Court orders immediate removal of Omar Sheikh from death cell

• Supreme Court orders prime accused in Daniel Pearl murder case be shifted to a government rest house
• SC had halted release of prime accused in Daniel Pearl murder case a day earlier
• Last week, the Sindh government had filed a review petition in the apex court against the acquittal of Omar Sheikh

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The Supreme Court has ordered the immediate removal of Ahmed Omar Sheikh, accused in the murder case of American journalist Daniel Pearl, from the death cell.

A day earlier, the apex court had extended the detention of Sheikh by one day on the request of the Sindh government to review his release.

On Tuesday, a three-member bench of the SC, headed by Justice Umar Ata Bandial resumed hearing the Sindh government's review petition.

During the proceedings, the attorney-general told the court that Sheikh is not an ordinary accused, but a mastermind of terrorists and that he will disappear if released.

Read more: Daniel Pearl murder case: Pakistan top court stops release of Omar Sheikh

Justice Munib Akhtar said the sacrifices of the armed forces are not denied, but the court is bound by the Constitution.

Justice Bandial remarked that Sheikh was accused of kidnapping Pearl. He asked the attorney-general whether it had been proved that Sheikh was involved in terrorist activities.

The attorney-general argued that the federation has the power to detain dangerous criminals, to which Justice Sajjad Ali Shah said that Sheikh had already been illegally detained for a month. 

"The court cannot legalise your illegal actions," Justice Shah told the attorney-general.

Justice Akhtar said it was not the dark ages that an accused should remain in jail even after 18 years, while Justice Shah said that the face of the body was not visible in the video of Daniel Pearl's murder.

The court then ordered immediate removal of Sheikh from the death cell and said he should be shifted to the general barracks for two days. After this, Sheikh should be shifted to a government rest house by Friday under tight security, where his family will be able to visit from 8am to 5pm.

Read more: Sindh govt files review petition against acquittal of Omar Sheikh

Sheikh will not have access to a mobile phone or internet, the SC ordered. The government will pay for his family's accommodation and transport.

The hearing was adjourned indefinitely.

Omar Sheikh is innocent: lawyer

The top court’s earlier order to release Sheikh, who had been convicted of masterminding the brutal murder of Pearl, sparked global outrage while the United States called it "an affront to terrorism victims everywhere" and demanded the Pakistani government "review its legal options."

During Monday's hearing, Sheikh's lawyer said that Sheikh is innocent and those involved in the murder of Daniel Pearl had been released. "The wrong man was caught under American pressure. Sheikh passed a law degree from the UK. If he hadn't been in jail, he would have been a better lawyer than me," Sheikh's lawyer argued.

Justice Sajjad Ali Shah asked, "Tell us, when did the detention order of Omar Sheikh end?"

Read more: US ‘concerned’ over SHC ruling in Daniel Pearl case

To this, the lawyer responded that Sheikh's detention order expired on December 1, 2020.

The attorney-general said that a notice must be given of the SC decision to the federation. If the decision to release Omar Sheikh is not suspended, it will have serious consequences, he said.

Justice Shah told the attorney-general he is not a party in the case. "We have appointed Omar Sheikh's lawyer to hear the case," the judge said.

Justice Bandial questioned why a citizen had been detained.

The court asked the attorney-general for a record of the order sheet to review whether or not to issue a notice, while the attorney-general told the court that no notice had been issued to the federation in the case.

SHC upholds SC order overturning conviction of Omar Sheikh

Last week, the apex court had upheld the Sindh High Court’s (SHC) decision overturning the conviction of Sheikh in the 2002 incident that occurred in Karachi.

A three-member bench of the SC headed by Justice Mushir Alam announced the verdict with a 2-1 majority.

The court order said that Sheikh along with three accomplices connected to the case should "be released forthwith," if there are no other cases against them.

Read more: A timeline of the Daniel Pearl case

In a statement following the verdict, Sindh information minister Nasir Hussain Shah had said that the provincial government "has decided to go for a review on the orders of the Supreme Court".

"Omar Sheikh has admitted his involvement in the Daniel Pearl murder case," he added.

US ‘outraged’

The administration of President Joe Biden expressed its displeasure over the development and offered to prosecute the accused in the United States.

The White House is "outraged by the Pakistani Supreme Court’s decision," chief spokeswoman Jen Psaki told reporters, calling the ruling "an affront to terrorism victims everywhere" and demanded the Pakistani government "review its legal options."

Who was Daniel Pearl?

Pearl, the South Asia bureau chief for the Wall Street Journal, was researching a story about militants when he was abducted in Karachi in January 2002.

Nearly a month later, after a string of ransom demands, a graphic video showing his decapitation was given to officials.

Sheikh, a British-born extremist who once studied at the London School of Economics and had been involved in previous kidnappings of foreigners, was arrested days after Pearl’s abduction.

He was later sentenced to death by hanging after telling a Karachi court that Pearl had already been killed days before the gruesome video of the journalist’s beheading had been released.

Pearl’s family on Thursday called the decision to free him "a travesty of justice" and pleaded for US intervention in the case.

"The release of these killers puts in danger journalists everywhere and the people of Pakistan. We urge the US government to take all necessary actions under the law to correct this injustice," the family said in a statement.