THE detailed verdict of the Supreme Court in the Daniel Pearl case has once again established the poor state of investigation and prosecution in Pakistan. The judgement, authored by Justice Sardar Tariq Masood, pointed out clearly the prosecution’s failure to prove the guilt of Ahmed Omar Saeed Sheikh who is the prime accused in the murder of Wall Street Journal reporter Daniel Pearl.

The Sindh High Court had last year overturned Sheikh’s conviction and the family of Pearl had appealed to the Supreme Court. The detailed verdict of the Supreme Court is a direct indictment of the prosecution and should put the system to shame. The verdict says that regarding each and every piece of evidence, there was uncertainty on the part of the witnesses and it was a settled matter that the benefit of the doubt would apply to the accused. The verdict states that the evidence furnished during the trial was full of factual and legal defects.

There is little doubt that Sheikh is a dangerous terrorist. His track record of criminality ranges from kidnapping to blackmailing and murder. He has hoodwinked the authorities multiple times and committed horrendous terror crimes. The fact that Pakistan’s criminal justice system cannot prove the guilt of such a man even after keeping him in a death cell for two decades speaks volumes for the state of the system. The unfortunate reality is that despite this dismal situation, little or no headway has been made in reforming the system. Investigation and prosecution remain in a shambles, ravaged by corruption, incompetence and habitual manipulation.

Innocent men are sent to the gallows while the guilty often walk free. It is this grim reality that has benefited Omar Sheikh. The judiciary and the executive both share the blame for their inability and unwillingness to cleanse the criminal justice system of the rot that has now seeped deep. The setting aside of Sheikh’s conviction has elicited a strong reaction from the United States and other countries. It is a blot on our justice system. Yet few voices are heard demanding an overhaul of the system so that such travesties of justice do not become the norm. Such is the apathy, however, that this case is also being dealt with in a normal manner and shall soon be buried under heaps of similar failures. Nothing could be more unfortunate for Pakistan.

Published in Dawn, March 29th, 2021