The Pakistan Federal Constitutional Court (FCC) has closed a case related to the killing of journalist Arshad Sharif in Kenya, ruling that judicial oversight is unnecessary as the investigation is already underway.
In its ruling, Justice Aamer Farooq noted that the matter is being handled through diplomatic channels and that a Mutual Legal Assistance (MLA) agreement between Pakistan and Kenya has already been reached.
“We were of the view that the authorities of both countries are taking appropriate action under their respective laws; there was no need for judicial interference,” the ruling stated.
The judgment added that any FCC order directing the state, including the federal government, to represent the matter internationally would constitute interference in the ongoing investigation and encroach on the domain of foreign policy.
“Undoubtedly, matters of foreign relations are best handled by the Ministry of Foreign Affairs (MoFA) and the federal government, who are better equipped to determine what serves the purposes of Article 40 and what is appropriate in the international context.”
The case was initially taken up by a five-member Supreme Court bench in December 2022 for an independent probe into Sharif’s murder and later transferred to the FCC, which has jurisdiction over constitutional and suo motu cases.
Case on the Killing of Arshad Sharif
The FCC noted that the Supreme Court had previously reviewed the matter and concurred with the submission by Additional Attorney General (AAG) Chaudhry Aamir Rehman that MLA procedures were underway and that diplomatic channels were being actively pursued.
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The Supreme Court observed that, under such circumstances, directly approaching international forums would not be appropriate.
“The Supreme Court accepted this submission, while clarifying that should the need subsequently arise, recourse to such forums could be considered. At this stage, we leave this issue to the good sense of the federal government,” the judgment said.
The FCC further highlighted that several significant steps had already been taken by the federal government, including the signing of the MLA, a telephonic conversation between the prime minister of Pakistan and the president of Kenya, the formation of a special joint investigation team and its investigation, diplomatic contacts through the MoFA, and the issuance of black warrants.
The judgment added that the Attorney General had submitted a formal request to visit Kenya and that Pakistan was currently awaiting a response from the relevant authorities.
Killing of Journalist Arshad Sharif in Kenya
Arshad Sharif was fatally shot on October 23, 2023, in Kenya, having fled Pakistan two months earlier due to threats related to his investigative work.
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On the night of the incident, Kenyan police officers shot him in the head while he was a passenger in a Toyota Land Cruiser (V8) following what was described as a mistaken identity.
The Inspector General of the National Police Service admitted that police officers had fatally wounded Sharif and expressed regret over the incident, assuring the public that investigations were underway to ensure justice.
However, the petitioners alleged that no substantial investigations had been conducted, that the inquiries lacked accountability, and that the perpetrators had not been prosecuted, adding that Sharif’s family had received no justice.
Through their petition, the petitioners sought various declarations, including the release of all evidence related to the incident, a public apology from the police, and compensation for violations of constitutional and international rights.
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