KARACHI: High Court puts off hearing in Pearl case
By Our Staff Reporter
KARACHI, Feb 27: The Sindh High Court adjourned the hearing of appeals in the US journalist Danial Pearl murder case on Monday to a date in office as the counsel for the main accused withdrew his power of attorney.
The appellate bench, comprising Justices Mohammad Afzal Soomro and Rehmat Hussain Jafri, had served notice on the counsel for the appellants earlier this month that the hearing would not be adjourned further and the case would proceed from day -to-day from Feb 27.
As the appeals came up for hearing on Monday, Advocate Abdul Waheed Katpar, counsel for Ahmed Omar Shaikh, the principal accused and appellant under death sentence, informed the bench that he had been asked by his client not to represent him as he intended to engage another lawyer. He had no option but to withdraw his power of attorney, he said.
Allowing the lawyer to withdraw, the bench adjourned further hearing to a date in office. The office was asked to inform the appellant, who is lodged at the Hyderabad jail, that his counsel had withdrawn his power of attorney and that he should appoint another attorney.
Advocate Katpar had indicated his withdrawal once previously. He made an application for production of additional material which had come to his client’s notice after his conviction.
Advocate Rai Bashir of Lahore, who represents another appellant, was absent despite the court decision to proceed with the case. Advocate Khwaja Naveed Ahmed was present for appellant Mohammad Adil Shaikh and Assistant Advocate-General Habib Ahmed for the state. Special prosecutor Raja Qureshi could not appear and was represented by Advocate Masooda Siraj.
Ahmed Omar Shaikh had challenged his conviction and death penalty and Salman Saqib, Fahd Naseem and Adil Shaikh their life terms and other punishments by a Hyderabad anti-terrorism court for kidnapping and killing Wall Street correspondent Daniel Pearle. The prosecution moved an appeal for enhancement of the penalty awarded to co-accused to death sentence. The appeals have been pending for over three years and a half.
ACQUITTAL REVERSED: The bench, meanwhile, overturned the acquittal of Abdul Ghafoor alias Mastana Bhatti, who was acquitted by a sessions court of murdering Hameed, in Thatta in 1989. The state and complainant Mohammad Nawaz moved appeals against the 1996 acquittal order.
After examining the record and evidence and hearing arguments, the bench convicted the acquitted accused and sentenced him to life imprisonment. Ghafoor was taken into custody and taken to jail from the courtroom. AAG Habib Ahmed appeared for the state and Advocate Khwaja Naveed Ahmed for the complainant.
IMTIAZ’S BAIL EXTENDED: Justice Ghulam Rabbani, meanwhile, adjourned the hearing of bail applications moved by former provincial revenue minister Imtiaz Ahmed Sheikh and 29 others in anti-corruption and other cases against them
Advocate Fareed A. Dayo informed the judge that senior counsel for the ex-minister Raja Qureshi was not available and requested an adequately long adjournment to enable him to appear. Granting the request, the court granted adjournment till March 27 and extended the interim bail order in the meanwhile.
HEARING PUT OFF: A division bench of High Court of Sindh (SHC), comprising Justice Ghulam Rabbani and Justice Zia Pervez, on Monday adjourned plea of acquittal by former DIG Karachi Dr Shoaib Suddle and former SSP South Wajid Ali Durrani in murder case of Mir Murtaza Bhutto and seven others indefinitely as Special Public Prosecutor (SPP) was busy elsewhere, adds APP.
Both the accused, facing trial before District and Sessions Court East, moved the SHC for exoneration from the case maintaining that it was a case of no evidence. Since 1996, we are facing trial but even substantial part of trial is not over and with present speed, trial could not complete in life time of normal duration, they maintained.
Asif Ali Zardari is main accused in the case besides former DG, Intelligence Bureau Masood Sharif and a number of police officers, including former SP Clifton, two SHOs’ and 13 other low ranking police officials.
The same bench also put off hearing of five bail pleas by former minister Imtiaz Shaikh and his brother Maqbool Shaikh.
The adjournment came as the counsel of applicant/accused was not present.
The bench, however, extended the interim bail granted to them till March 27.
