Fate of Arshad Sharif’s murder case hangs in the balance

ISLAMABAD: The Supreme Court on Monday referred journalist Arshad Sharif’s murder case back to the three-judge committee constituted under the Supreme Court (Practice and Procedure) Act, 2023 to re-fix it before a five-judge bench.

Justice Syed Mansoor Ali Shah, who was heading a three-judge bench, noted that the case has been fixed before the smaller bench even though a five-judge larger bench had heard it earlier.

Since Justice Jamal Khan Mandokhail and Justice Mohammad Ali Mazhar were also members of the larger bench earlier, he observed that the case would be fixed for hearing subject to the availability of the two judges.

Former Chief Justice of Pakistan (CJP) Umar Ata Bandial had initiated the suo motu proceedings into the tragic killing of the journalist in Kenya.

On Monday, Attorney General for Pakistan Mansoor Usman Awan told the court that a draft of the Mutual Legal Assistance (MLA) designed to seek a formal assistance from the Kenyan authorities for having access to suspects involved in the tragic killing of Arshad Sharif was ready.

The next meeting of the cabinet was expected to approve the MLA draft, the AGP said.

Also, at the last hearing on June 13, 2023, the AGP had apprised the court that a proper MLA was being drafted and its final draft would be placed before the cabinet for its final approval.

When the court asked whether a decision from the Kenyan court had also come, the AGP replied in the affirmative.

Three weeks ago, the Kenyan High Court in Kajiado had ruled that the 2022 killing of Pakistani Arshad Sharif by Kenyan law enforcement personnel was unlawful.

The SC, however, said at the moment the court would not go into the merits of the case.

At the hearing, Shaukat Aziz Siddiqui reminded the court that he had also moved an application on behalf of the journalist’s mother. Those claiming to be aware of the culprits behind the murder should be called by the court, he said. He reminded the court of the role of the “facilitator” that it pledged to carry out in the matter.

The counsel also requested the court to re-fix the matter within two weeks, but Justice Shah observed that the re-fixing of the case depended upon the availability of the judges.

The hearing, however, was then adjourned for an indefinite period.

Published in Dawn, July 30th, 2024