ISLAMABAD: The Supreme Court’s constitutional bench on Friday ordered the government to submit a daily progress report in the case of the murder of senior journalist Arshad Sharif.
A six-member constitutional bench, headed by Justice Aminuddin Khan, heard the suo motu case regarding the murder of Arshad Sharif. The bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Naeem Akhtar Afghan, Justice Hasan Azhar Rizvi, and Justice Shahid Bilal.
At the start of the hearing, the federal government requested more time to finalise the mutual legal assistance agreement with Kenya.
The additional attorney general stated that the agreement would be ratified by the president within a month.
He mentioned that the mutual legal assistance agreement with Kenya had already been signed, and the ratification process was ongoing.
The SC raised questions about the delay in the case’s progress, asking why the agreement, which was signed on Dec 10 last, has not been ratified yet. The court questioned whether they should demand a daily progress report and noted that even after three months, more time was being sought.
The joint secretary of the Interior Ministry informed the court that they had written a note to the Ministry of Foreign Affairs for mutual legal assistance.
Justice Hasan Azhar Rizvi remarked that from now on, a daily progress report should be submitted to court. Justice Aminuddin Khan expressed concern over the prolonged delay in the Arshad Sharif case, questioning why so much time had passed without significant progress.
Justice Muhammad Ali Mazhar inquired about who sent the summary to the president.
The additional AG responded that the Ministry of Interior would send the summary to the president after cabinet approval. He mentioned that he had not been able to contact the Ministry of Interior, to which Justice Muhammad Ali Mazhar remarked that the Ministry of Interior officials are present in court.
The joint secretary informed the court that the note was sent to the Ministry of Foreign Affairs after cabinet approval on Feb 27.
Justice Muhammad Ali Mazhar asked whether the president could reject the agreement. The legal adviser to the Ministry of Foreign Affairs declined to comment on the matter.
The lawyer representing Arshad Sharif’s second widow, Javeria Siddique, appeared in court and stated that the High Court in Kenya had ordered action against the officials involved in the murder. The Kenyan government has filed an appeal against the decision, and the Pakistan government has not become a party to the case or provided any support.
Justice Mandokhail remarked that the woman was fighting the case alone in Kenya, and asked what problem the government had in assisting her there.
The additional AG informed the court that the government did not have access to the crime scene and that becoming a party to the case would not solve the issue. Access to investigation is necessary, he added.
He further stated that access would only be possible once the mutual legal assistance agreement was in place. He mentioned that statements from over 30 people in Pakistan had already been recorded.
Justice Muhammad Ali Mazhar noted that the suo motu case had been pending for several years.
The lawyer representing Arshad Sharif’s mother argued that the government had conducted a fact-finding investigation and requested a copy of the report.
The additional AG responded that the entire issue had already been created before the fact-finding report appeared in the media.
Subsequently, the court adjourned the hearing of the Arshad Sharif murder case for one month.
