Supreme Court Questions Delays in Legal Pact for Arshad Sharif Murder Probe

Express Tribune

07-03-2025

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The Supreme Court of Pakistan has raised concerns over delays in finalising a Mutual Legal Assistance (MLA) agreement with Kenya, a key step in the Arshad Sharif murder investigation.
A six-member constitutional bench led by Justice Aminuddin Khan heard the suo motu case on Friday, Express News reported.
The Additional Attorney General (AAG) informed the court that the agreement had been signed and would be sent for presidential approval within a month.
Justice Hassan Azhar Rizvi questioned why the pact, signed on December 10, 2023, had not yet been ratified. Justice Jamal Khan Mandokhail asked if the court needed to demand daily progress reports.
The bench also referenced Pakistan's extradition of Daesh commander Sharifullah to the US, questioning how it proceeded despite the absence of a prisoner exchange treaty.
"A journalist was brutally murdered, yet the Pakistani government has not supported his family in Kenya," Justice Rizvi remarked.
The Interior Ministry's joint secretary stated that the Foreign Ministry had been notified about the agreement on February 27, prompting further questions from the bench about why it took two months after the last hearing to act.
Arshad Sharif's widow, Javeria Siddique, informed the court that Kenya's High Court had ordered action against police officers involved in the murder, but the Kenyan government had appealed the ruling.
She noted that Pakistan had neither intervened nor offered support.
Justice Mandokhail asked, "If a woman is fighting the case alone in Kenya, why is the government reluctant to assist her?"
The AAG argued that Pakistan was not being granted access to the crime scene, which was essential for the investigation. He emphasised that Pakistan could only become a party to the case once the MLA agreement was fully implemented.
Justice Muhammad Ali Mazhar observed that the suo motu case had remained pending for years. The counsel for Arshad Sharif's mother requested a copy of the fact-finding report, which the AAG said had already been leaked to the media.
The Supreme Court adjourned the hearing for one month, seeking an update on the agreement's approval.
Journalist Arshad Sharif had gone into self-imposed exile and moved to Kenya following a spate of cases against him in Pakistan.
His murder in October 2022 sparked a legal battle in Kenya, leading to a court ruling that police acted unlawfully in his death.
The case, initiated by Sharif's widow, Javeria Siddique, alongside Kenyan journalist groups, accused top police and legal officials of arbitrarily and unlawfully killing Sharif and failing to conduct a proper investigation.
Sharif, a prominent journalist, was shot in the head when Kenyan police opened fire on his vehicle, claiming it was a case of mistaken identity. His death drew international condemnation and renewed scrutiny over extrajudicial killings by Kenyan security forces.
The issue of police excessive force and unlawful killings in Kenya has been a long-standing concern for human rights groups.