Independent and Transparent Investigation into the Murder of Renowned Journalist, Mr. Arshad Sharif in Kenya vs Suo Moto Case
This matter pertains to a suo motu case initiated by the Supreme Court of Pakistan regarding the investigation into the murder of journalist Arshad Sharif in Kenya. The Court reviewed a progress report submitted by the Special Joint Investigation Team (SJIT) concerning its investigative activities since its constitution in December 2022. The proceedings focused on the status of international cooperation, specifically the issuance of Mutual Legal Assistance (MLA) requests by the Federal Government to authorities in the United Arab Emirates and Kenya. The Court noted that while the SJIT has conducted preliminary investigative work domestically, including the examination of 41 witnesses, the resolution of the case depends on evidence located abroad. The Court acknowledged the Federal Government's provision of funds and the Foreign Office's cooperation in facilitating the investigation. The Court held that the investigation must proceed upon the receipt of responses to the MLA requests. Consequently, the Court granted the SJIT additional time to pursue these international inquiries and directed the matter to be relisted for further review in February 2023.
- What is the current status of the investigation into the murder of Arshad Sharif as reported by the Special Joint Investigation Team?
- Has the Federal Government taken the necessary steps to facilitate international investigation in the Arshad Sharif murder case?
- What is the procedural requirement for the Special Joint Investigation Team to commence investigation in foreign jurisdictions?
ORDER
The learned Addl. Attorney General has referred to the report filed by the Special Joint Investigation Team ("SJIT") on 04.01.2023 which recounts the progress made so far in its investigative work since constitution of the SJIT on 07.12.2022. He has informed us that the Federal Government has provided requisite funds for investigative work to be done by the SJIT in two foreign countries, namely, UAE and Kenya. Requests for Mutual Legal Assistance ("MLA") to the government in these countries were issued by the Federal Government on 04.01.2023. In this behalf he acknowledges that the Foreign Office is cooperating fully to secure the requisite help and collaboration of the concerned police/investigative authorities in both foreign States for the SJIT. As soon as the MLA requests are responded favourably by the two foreign governments, the SJIT shall be visiting the said States for commencing their investigation abroad.
2. We note that the SJIT has performed some investigative work within Pakistan. 41 witnesses are reported to have been examined by it so far. The real issues of the cause and perpetrators of the assassination of Mr. Arshad Sharif would be unravelled after the relevant evidence available abroad in the afore-noted two countries is collected. We expect that the SJIT is fully prepared with its priorities, scenarios and areas of inquiry in the investigation and the persons and material that would be relevant and useful solving the crimes committed. The learned Addl. Attorney General submits that a month's time may be given for the next report of the SJIT. Relist in the first week of February, 2023.