In a major development, the Sindh High Court (SHC) on Thursday declared the detention of Omer Sheikh – the main accused in Daniel Pearl kidnapping and murder case – illegal and ordered his immediate release, reported 24NewsHD TV channel on Thursday.

Pronouncing the notification issued by the Sindh government as null and void, the SHC, however, directed the authorities concerned to place his name on ECL (Exit Control List) and noted that no action should be taken against him without any court directives.

The move came as the Sindh government had decided to keep Sheikh in detention – a move backed by the Centre – after the SHC, in April this year, had acquitted him and overturned the death penalty awarded by an anti-terrorism court.

However, the high court found Sheikh guilty of the lesser charge of kidnapping Pearl – a Wall Street Journal reporter – and sentenced him to seven years in prison, which means he has served the jail term and should be released.

It also acquitted three others accused in the case – Fahad Naseem, Sheikh Adil, and Salman Saqib – who were earlier sentenced to life in prison.

The move had drawn severe criticism from the United States with the Sindh government deciding to move the Supreme Court against the acquittal and keep in detention under Section 11 of the Anti-Terrorism Act (ATA) 1997. Later, the slain American journalist’s parents too filed an appeal. Currently, the apex court is hearing the matter.

Announcing the judgment on Thursday, Justice Amjad Ali Sehto of SHC expressed his anger over the mistakes and shortcomings in the notification, asking the Home Department to hire some literate persons.

In his remarks, he said whether anyone had read what was written in the notification. Where it had been written that Omer Sheikh was a terrorist and associated with any banned outfit, the judge asked.

At least meet the rules if the government wanted to detain someone, Justice Sehto observed and added that there was no mention of any sensitive agency’s report in the notification. “How can you detain someone in a democratic society,” the judge raised the question.

Pearl was kidnapped in Karachi in January 2002 followed by the delivery of a video showing his decapitation to the US consulate.