On Monday, the Supreme Court referred journalist Arshad Sharif’s murder case back to a three-judge committee established under the Supreme Court (Practice and Procedure) Act, 2023, for reassignment to a five-judge bench.
Justice Syed Mansoor Ali Shah, leading a three-judge bench, noted that the case had been scheduled before a smaller bench, despite initially being heard by a larger five-judge bench.
He observed that the case would be rescheduled for a hearing, contingent upon the availability of Justices Jamal Khan Mandokhail and Mohammad Ali Mazhar, who were part of the original larger bench.
Former Chief Justice of Pakistan (CJP) Umar Ata Bandial had initiated suo motu proceedings into the journalist’s tragic killing in Kenya.
On Monday, Attorney General for Pakistan Mansoor Usman Awan informed the court that a draft of the Mutual Legal Assistance (MLA) to formally request assistance from Kenyan authorities in accessing suspects involved in Arshad Sharif’s killing was ready.
The AGP mentioned that the draft MLA was expected to be approved at the next cabinet meeting.
During the last hearing on June 13, 2023, the AGP had informed the court that a proper MLA was being drafted and its final version would be presented to the cabinet for approval.
When the court inquired about a decision from the Kenyan court, the AGP confirmed that the Kenyan High Court in Kajiado had ruled the 2022 killing of Pakistani Arshad Sharif by Kenyan law enforcement personnel was unlawful.
The Supreme Court, however, stated that it would not address the merits of the case at this time.
During the hearing, Shaukat Aziz Siddiqui reminded the court that he had submitted an application on behalf of the journalist’s mother, requesting that those claiming to know the culprits behind the murder be summoned by the court. He emphasized the court’s role as a “facilitator” in the matter.
Siddiqui also requested the court to reschedule the matter within two weeks, but Justice Shah indicated that the case’s reassignment depended on the judges’ availability.
The hearing was then adjourned indefinitely.
