The State on Tuesday asked the High Court of Justice to reject outright the appeal filed by the family of police officer Eliyahu Shahar, who was killed by Samir Kuntar in 1979, against the prisoner exchange deal signed between Israel and Hizbullah.

The release of Kuntar, arguably one of the highest profile prisoners being held by Israel, has stirred emotional and tactical debate.

Considered the most valuable remaining bargaining chip for information on the fate of MIA navigator Ron Arad, Kuntar is also serving out multiple life sentences for the murder of Danny Haran and his two young daughters.

Within the framework of the deal, Hizbullah will return kidnapped IDF soldiers Eldad Regev and Ehud Goldwasser, presumed dead, and provide a detailed report on Arad in exchange for Kuntar, four additional Lebanese prisoners, the bodies of 190 Hizbullah fighters and an intelligence report on four Iranian diplomats who went missing in 1982. In a later stage of the deal, Israel will also release a as of yet undetermined number of Palestinian prisoners.

However, the State contends, excluding Kuntar from the deal will likely result its complete collapse. Such a move would have massive diplomatic and defense-related ramifications.

The appeal was submitted by Shahar’s family in conjunction with the Almagor Terror Victims Association.

In its petition, the association challenges the governments decision to release living prisoners convicted of grievous offenses in return for the corpses of the captive soldiers.

“It is important that the public realize that a mass murderer is about to be released,” brother Yoram Shahar said at the courthouse in Jerusalem. “We are going to regret (releasing Kuntar). I’ll do everything in my power to stall the deal, and if possible have it annulled entirely.”

An aide to President Shimon Peres, who is expected to receive the official request to pardon Kuntar in the coming days, said the request would not be sanctioned until the deal progresses to point where it is sure to be fully implemented.

The Haran family remains divided on the matter. Danny’s widow Smadar, who also lost her two daughters, said she would not challenge the agreement. “The despicable, vile murderer Samir Kuntar isn’t, nor has he ever been, my private prisoner. Kuntar is a prisoner of the State,” she said, urging the State to ignore her private pain and do “what is in the country’s best interests.”

But Danny’s mother and brother have also vocally criticized the exchange.

Ronen and Yoram Shahar Photo: Gil Yohanan