According to Baaghi TV, the Daniel Pearl murder case was heard in the Supreme Court by a three-member bench headed by Justice Mushir Alam.
Justice Tariq argued the need to answer two questions related to the confessional statements of the accused.
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“Why did Fahad make the statement that I am making a statement to save myself? What is the purpose of this statement? The accused is also saying that I was beaten, how did the High Court deal with this case? We do not know. What is the purpose of this statement? Did anyone guarantee not to hand him over to the police after this statement? If he wants to do all this to save himself, how can he be right? We do not know how the High Court dealt with this case”, inquired Justice Tariq.
Lawyer Farooq H Naik said that the accused has 2 separate statements, which one does the court have to accept? Justice Tariq added, “Who will benefit the accused or the prosecution? Interim challan is also part of the trial and can be a complete case. What was the statement that was omitted, could it not have been recorded on the video link at that time?”
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Farooq H Naik said, “This technology was not legally acceptable at that time. I rely on Article 4 of the Evidence Act.”
Justice Tariq said that such evidence had to be proved before the court. Lawyer Farooq H Naik said that Omar Sheikh was the main accused in the kidnapping. After recording the statement, accused Fahad was brought to justice. The IO also confirmed the statement, as the IO was there.
Justice Tariq said, “Are any of these media reporters present in the court?” Farooq H Naik said that Omar Sheikh had confessed to the crime and refrained from saying anything in his defense. All the people except the media and the police were expelled from the court.
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Justice Tariq said, “Why are you saying this statement before the judge, it is an extra-judicial statement?” Farooq H Naik said, that the media report is attached to the case. No one asked the accused any questions, he gave an oral statement. The request is that, from the meetings in the hotel, all the accused were in touch with each other. When the accused came to the court, everyone was kicked out. He had a burden on his chest, so he made a statement before the magistrate? I think there is something missing in the investigation.
Justice Tariq said that Asif Mehmood also appeared as your witness but he said that there was no conspiracy. Lawyer Farooq H Naik said the conspiracy was clear considering all the evidence. Arif and Omar Sheikh, along with other accused, conspired to testify against the third witness if the court allowed.
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The court granted Farooq H Naik’s plea and adjourned the hearing till tomorrow.
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