The Federal Constitutional Court (FCC) on December 3 questioned its authority to continue proceedings in the murder case of journalist Arshad Sharif under the suo motu powers, following changes introduced by the 27th Amendment. The court also sought a progress report on the investigation into the murder, which occurred in Kenya in October 2022.

During the session, headed by Justice Aamer Farooq and including Justice Rozi Khan, the court deliberated over whether it still possesses the jurisdiction to proceed with suo motu actions after the amendment, which requires a valid application for such powers to be activated. The judges called for legal assistance from the counsels of both parties to clarify this point in the next hearing scheduled for December 17.

Sharif was shot in the head in October 2022 when Kenyan police opened fire on his vehicle. He had left Pakistan in August 2022 after multiple sedition cases were registered against him in various cities.

The suo motu case was initially taken by a Supreme Court bench, seeking an independent and transparent investigation into his murder.

Furthermore, the court heard from Advocate Imran Shafique, representing Sharif’s first wife, who argued that precedents exist allowing the FCC to proceed with suo motu cases. He mentioned that over 5000 letters had been sent to the Supreme Court following Sharif’s death, which could constitute a plea.

Additional Attorney General Chaudhry Aamer Rehman informed the court that a legal assistance agreement had been reached with the Kenyan government, and a request for a Special Joint Investigation Team’s visit to the crime scene had been made. The court also discussed the progress of the investigation in Kenya, noting that while the Kenyan High Court had implicated police officers in the murder, prosecution had not yet commenced, and those officers had instead been promoted.

The hearing was adjourned until after the winter vacations.