FCC signals possible closure of suo motu proceedings in Arshad Sharif murder case

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Photo: Arshad Sharif (Source – Facebook)

On January 14, the Federal Constitutional Court (FCC) indicated that it may close the suo motu proceedings initiated to seek an independent and transparent investigation into the murder of journalist Arshad Sharif, citing developments in legal cooperation between Pakistan and Kenya.

Justice Aamer Farooq, heading a two-judge FCC bench, said the court would issue an appropriate order and could seek assistance from the parties if required. He observed that the key issue before the court was determining how to proceed further, particularly in view of the progress made so far in the investigation.

The case was originally taken up suo motu by the Supreme Court and heard by a five-member bench in December 2022. Following the 26th Constitutional Amendment, it was transferred to a six-member constitutional bench of the Supreme Court and later moved to the FCC after the passage of the 27th Constitutional Amendment.

During the hearing, Additional Attorney General Chaudhry Aamir Rehman informed the court that a Mutual Legal Assistance agreement between Pakistan and Kenya had been signed in September last year. He said a request had been made for the Special Joint Investigation Team to visit the crime scene once permission was granted by Kenyan authorities, adding that the SJIT report had already been submitted and that Kenya had initially declined to assist.

Justice Farooq noted that the investigation process had been slow, though no blame could be placed on any party, and questioned what further action the court could take now that a legal framework for cooperation existed. The AAG told the court that two suspects nominated in the case remained in Kenya, that Interpol red notices had been issued for their arrest, and that Pakistani investigating agencies had completed their work for the time being. He also recalled that Prime Minister Shehbaz Sharif had discussed the case with Kenyan President William Ruto in 2022.

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