Federal Constitutional Court closes proceedings in Arshad Sharif murder case

ISLAMABAD: The Federal Constitutional Court (FCC) has closed proceedings related to the killing of journalist Arshad Sharif, saying the governments of Pakistan and Kenya are taking appropriate steps and there is no need for further judicial intervention.

A two-member bench comprising Justice Aamir Farooq and Justice Rozi Khan announced the reserved verdict on Tuesday.

In the 14-page written verdict authored by Justice Farooq, the court noted that Pakistan and Kenya have signed a Mutual Legal Assistance (MLA) agreement, and therefore the court’s involvement was not required at this stage. The court disposed of the suo motu notice as well as all related petitions.

The ruling said that the court understood the grief of the journalistic community and the Pakistani public over Sharif’s killing, adding that his family could approach relevant courts on any matter.

The court said that keeping the investigation under constant judicial supervision or leaving the matter pending indefinitely would be contrary to transparency and could violate the rights of the accused.

It also left the question of taking the case to international forums to the discretion of the government and its foreign policy, observing that no party had raised objections to the work carried out so far by the Special Joint Investigation Team.

The decision noted that black warrants had been issued for the arrest of the suspects and for conducting a trial in Pakistan.

However, the pace of the investigation depends on diplomatic coordination with Kenya and the legal frameworks of sovereign states, it said.

The court said that directing the federal government to raise the matter at international forums would amount to interference in both the investigation and foreign policy.

“International relations are best managed by the Foreign Office and the federal government,” the court said, adding that the matter was being left to the government’s domain.

Sharif, a prominent Pakistani journalist, was shot dead in Kenya in October 2022, sparking widespread outrage in the country and calls for accountability.