ISLAMABAD (NPTV/PFUJ): The Federal Constitutional Court (FCC) held a hearing 3rd Dec, on the petition seeking a transparent and impartial investigation into Pakistani journalist Arshad Sharif Murder in Kenya.
The two-member bench, comprising Justice Aamer Farooq and Justice Rozi Khan Barrech, presided over the proceedings in Courtroom No. 2. The court sought a comprehensive progress report from the government, directing the Additional Attorney General to submit detailed updates.
Emphasising the urgency of justice, the bench noted that “justice delayed must not become justice denied.” The case has now been adjourned until 17 Dec, with instructions that all relevant departments file reports outlining steps taken so far and recommendations for the way forward.
PFUJ, with the support of the International Federation of Journalists (IFJ) and under the coordination of the RIUJ, had filed the petition in the Supreme Court seeking a transparent probe. Then Chief Justice converted the petition into a Suo motu case.
This was the first hearing of the case before the Federal Constitutional Court following its establishment. Earlier hearings were conducted in the Supreme Court, March this year, when the matter was taken up by the then Supreme Court judge and current Chief Justice of the FCC, Justice Aminuddin Khan.
During the hearing, family of Arshad Sharif requested access to the Joint Investigation Team (JIT) report. Justice Aamer Farooq remarked that if legally permissible, the court would support their request. He questioned the government on what progress had been made and what legal measures could be taken to identify and prosecute those responsible.
Additional Attorney General Aamer Rehman informed the court that documents attached to the final challan would be examinable once submitted. He noted that a fact-finding report had already become public. He further stated that Pakistan and Kenya had reached an agreement on mutual legal assistance, and a request had been sent to Kenya to allow Pakistani investigators to visit the crime scene.
“Kenya is a friendly country; we cannot afford diplomatic confrontation,” he added. Counsel for Arshad Sharif’s widow Javeria Siddique, Barrister M. Saad Buttar, argued that despite the Kenyan High Court declaring Arshad Sharif’s killing a targeted murder in its 8 July 2024 ruling and ordering prosecution of the police officers involved, no proceedings had begun in Kenya, and some officers were even promoted.
The Additional Attorney General noted that the Special JIT had held 47 meetings and recorded statements of 74 individuals. He also confirmed that FIR was registered in Pakistan naming three suspects, Khurram, Waqar, and Saleh, who remain at large. Interpol has been approached for issuance of red notices.
Justice Aamer Farooq pointed out that the crime scene lies outside Pakistan, limiting domestic jurisdiction, and observed that the case might not have required Suo motu intervention had the investigation proceeded effectively from the outset. He also questioned the extent of the FCC’s Suo motu powers post 27th Constitutional Amendment, directing both sides to assist the court on this important legal question during the next hearing.
Barrister M. Saad Buttar argued that existing judicial precedents support the continuation of Suo motu action by the Constitutional Court, though Arshad Sharif’s widow is seeking to become a party rather than rely on Suo motu jurisdiction, in line with the amended constitutional framework.
After the hearing, President of the Rawalpindi-Islamabad Union of Journalists (RIUJ) and senior journalist Tariq Usmani spoke to the Media on behalf of the Pakistan Federal Union of Journalists (PFUJ). Separately, Javeria Siddique, widow of Arshad Sharif Shaheed, also briefed the Media.
Barrister M. Saad Buttar shared further legal details with journalists. PFUJ Vice President Farhat Fatima, journalist Masood Chaudhary, RIUJ Secretary Information Mudassar Ilyas Kiyani, journalist Imran Chaudhry, Adil Shah, and many journalists were present in the courtroom for the important hearing.
Following Arshad Sharif’s murder in Kenya in October 2022, PFUJ leadership continues to stand firmly with Arshad Sharif’s family. They have been closely monitoring the case and consistently urging the government and judiciary to fulfill all legal obligations and ensure justice for the slain journalist’s family.
It may be recalled that on 8th July last year, Judge Stella Mutuku of High Court in Kajiado (Kenya), while rejecting the claim of Police that Pakistani journalist Arshad Sharif’s killing in 2022 was a case of mistaken identity, ruled on Monday (8th July, 2024) that his murder was unconstitutional.
Maintaining that Kenya had violated his right to life, dignity, and freedom from torture, cruel, and degrading treatment, the court ordered the govt to pay Rs. 2 crore 17 lakh in compensation to Arshad Sharif’s widow Javeria Siddiqui (the co-petitioner).
“Loss of life cannot be compensated in monetary terms nor is the pain and suffering the family must have gone through. But there’s consensus that compensation is appropriate remedy for redress in violation of fundamental rights,” noted Judge Stella Mutuka.
Arshad Sharif (a supporter of Imran Khan’s PTI) who was facing a number of cases of sedition in various cities of Pakistan, left his country in the month of October, 2022. Following a sojourn in UAE he voyaged to Kenya where he was killed by Police.
Last October, Arshad Sharif’s widow (a journalist), Kenya Union of Journalists and Kenya Correspondents Association had jointly filed the lawsuit against the murder.
Newspakistan.tv
