FCC signals possible end to proceedings in Arshad Sharif murder case

The Federal Constitutional Court (FCC) on Wednesday indicated that it may bring the suo motu proceedings concerning the killing of journalist Arshad Sharif to a close, noting limited scope for further judicial intervention at this stage.

Justice Aamer Farooq, who was presiding over a two-member bench, remarked that the court would issue an appropriate order after considering how to move forward, and could seek input from relevant parties if required. He observed that the central question before the bench was the future course of action in the matter.

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

Arshad Sharif was fatally shot on October 23, 2022, when Kenyan police opened fire on his vehicle near Nairobi. He had left Pakistan in August that year after several sedition cases were registered against him in multiple cities.

During Wednesday’s hearing, Additional Attorney General Chaudhry Aamir Rehman informed the court that Pakistan and Kenya had signed a Mutual Legal Assistance agreement in September last year. He said a formal request had been sent for the Special Joint Investigation Team (SJIT), constituted specifically to investigate the killing, to visit the site of the incident.

The law officer told the court that the SJIT had already submitted its report, recalling that Kenyan authorities had initially declined to cooperate with the investigation. He added that the team would travel to Kenya once permission was granted to examine the crime scene and would continue the probe based on evidence shared by Kenyan officials.

Justice Farooq acknowledged that the investigation had progressed slowly, though he refrained from assigning responsibility. He noted a divergence between the court’s expectations and the government’s approach, and questioned what further steps the judiciary could take now that a legal framework for cooperation was in place.

The bench also referred to the murder of MQM leader Imran Farooq in the United Kingdom, recalling how Pakistani and British law enforcement agencies had jointly investigated that case. However, the additional attorney general argued that the circumstances differed, pointing out that two suspects had already been identified in Arshad Sharif’s killing.

He said both suspects were currently in Kenya and that Pakistan had sought their arrest and extradition by issuing Interpol red notices. The AAG added that domestic investigative agencies had, for the time being, completed their part of the inquiry.

The court was also reminded that Prime Minister Shehbaz Sharif had raised the matter directly with Kenyan President William Ruto during a telephone call in 2022.