ISLAMABAD – Major development in murder case of journalist Arshad Sharif, as Pakistan’s Federal Shariat Court concluded its suo motu proceedings, ruling that judicial intervention is not required at this stage. The decision comes as both the governments of Pakistan and Kenya are reported to be taking “appropriate measures” regarding the case.
The judgment, authored by Justice Amir Farooq, said the Mutual Legal Assistance (MLA) agreement signed between Pakistan and Kenya allows for law enforcement cooperation, including collection of evidence, site visits, and investigation of individuals connected to the incident. All related petitions and the suo motu case have been disposed of.
“We share grief of the entire nation and the journalistic community over the death of our citizen and fully acknowledge it,” the court noted in its 14-page verdict.
Former Chief Justice of Pakistan, Umar Ata Bandial took suo motu notice of Arshad Sharif’s murder in Kenya. After formation of the Federal Shariat Court, the case was then transferred there, where a 2-member bench of Justice Amir Farooq and Justice Rozi Bhreach conducted the hearings.
Arshad Sharif’s widow, Javeria Siddique expressed frustration, as she lamented not being allowed to speak. The government lawyers acted as if they were representing Kenya, showing no concern for Arshad Sharif’s murder and prioritizing diplomatic ties instead.
Javeria demanded a judicial commission to investigate her husband’s murder and requested that an FIR be registered with the family as complainants.
The court noted that the Additional Attorney General had informed it that formal requests for cooperation had been submitted to Kenya and Pakistan is awaiting responses. Records indicate that Pakistan’s Prime Minister contacted the Kenyan President on 20th February 2023 to ensure transparent and unhindered investigations.
Additional Attorney General confirmed that black warrants have been issued against the suspects to ensure their arrest and trial in Pakistan.
Meanwhile, Arshad Sharif’s family has also pursued legal action in Kenya, filing a writ petition in the High Court, currently under appeal in the Supreme Court of Kenya.
The court highlighted the role of Pakistan’s Ministry of Foreign Affairs in facilitating communication between both states’ leaders and summoning the Kenyan High Commissioner to emphasize cooperation in the investigation. Pakistan’s Minister of State for Foreign Affairs also contacted Kenya’s Cabinet Secretary for Foreign Affairs to underscore the need for facilitation.
Arshad Sharif’s first wife, Somiya Arshad, through her lawyer Saad Butter, requested that the ongoing suo motu proceedings remain pending. However, it was not clarified for how long the proceedings would continue—whether until the investigation is complete, the suspects are tried, or indefinitely.
The court stressed that in such scenario, it would require continuous updates from federal government and law enforcement agencies on investigation’s progress.
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