Federal Constitutional Court hints at final order in Arshad Sharif case

The Federal Constitutional Court (FCC) on Wednesday signalled that it may soon conclude the suo motu proceedings in the Arshad Sharif murder case, indicating that an appropriate order would be passed.

Justice Aamer Farooq observed during the hearing that the court would issue a suitable direction, noting that the reality remained that the investigation had progressed at an unacceptably slow pace.

He added that the bench did not wish to assign blame to any particular authority, the 24NewsHD TV channel reported.

Responding to questions from the bench regarding the status of the investigation in Kenya, counsel for the journalist’s widow said the commission had been formed on the basis of the suo motu notice, yet the inquiry was still ongoing.

The widow's lawyer said the family had pursued litigation in Kenya, and the Kenyan court had ruled in their favour by ordering an investigation, but no meaningful progress had followed from Kenyan authorities.

Additional Attorney General Amir Rehman informed the bench that the Joint Investigation Team’s report had already been submitted to the court. He said the Kenyan government had initially refused to assist Pakistan, but a mutual legal assistance (MLA) arrangement between the two countries had finally been reached last September. He added that once Kenya requested further steps, Pakistan would send its team to the crime scene.

The hearing also touched upon the MQM leader Dr Imran Farooq murder case, when Justice Aamer Farooq asked what powers the court retained in the present matter and what actions were possible after the agreement between the two states. The judge recalled that Dr Farooq had been killed in England, where the local police had led the inquiry alongside Pakistani investigators.

Responding to the comparison, the Additional Attorney General said the two cases were of a fundamentally different nature. He stated that Pakistan would proceed to the crime scene in Kenya, where the Kenyan authorities were expected to provide evidence. He further told the court that the challan had been submitted and two suspects had been nominated in the case.

Justice Farooq then asked whether the two accused were currently detained in Kenya. The Additional Attorney General replied that they were indeed in Kenya but had not been arrested. He said black warrants had been issued for them and Interpol had been notified. He added that the investigation within Pakistan had been completed and that authorities were making every effort to conclude the remaining inquiries as swiftly as possible.

On October 23, 2022, Arshad Sharif was tragically killed by Kenyan police on the Magadi Highway near Nairobi. Investigations have since highlighted contradictions in the statements and actions of the Kenyan police.

Reporter: Amanat Gishkori