Arshad Sharif murder case: Constitutional Court sets new hearing date

WEB DESK: The Federal Constitutional Court has scheduled a hearing in the Arshad Sharif murder case, setting the proceedings for December 3. A two-member bench comprising Justice Aamer Farooq and Justice Rozi Khan will preside over the hearing.

The case has been transferred to the constitutional court following the 27th Constitutional Amendment, which shifted jurisdiction over all suo motu matters from the Supreme Court to the newly established court. The Supreme Court had earlier taken suo motu notice of the journalist’s killing, but under the revised legal framework, such matters now fall exclusively within the purview of the Federal Constitutional Court. The case will now move forward under this updated structure, marking the first major hearing on the matter since the jurisdictional shift.

Earlier in July this year, the London High Court Deputy Judge Richard Spearman KC had observed that Pakistan’s official fact-finding report on Sharif’s killing in Kenya does not implicate the ISI, despite Adil Raja’s defence relying on that claim. Concluding a defamation case between retired Brigadier Rashid Naseer and Raja, the judge said the 600-page report contains no explicit finding against the agency. He rejected Raja’s argument that ISI involvement could be inferred by “connecting dots”, stressing that inferences cannot replace evidence. The court also questioned the credibility and existence of Raja’s confidential sources, noting that serious allegations require documentary proof to be substantiated.

In September 2023, a local court in Islamabad had paused proceedings in the Arshad Sharif murder case after key witnesses repeatedly failed to appear. In a written order, Judicial Magistrate Abbas Shah noted that the investigation report under Section 512 was submitted on March 16 and witnesses were summoned for April 5, but none attended. The court said the prosecution had been given 15 opportunities, yet the witnesses showed no willingness to record their statements. As a result, the court halted the case until further notice, directing that the file be sent to the record room.