Pakistan’s Federal Constitutional Court (FCC) has closed the suo motu case related to the killing of prominent journalist Arshad Sharif in Kenya, ruling that judicial supervision of the investigation is not permitted under Pakistani law, according to Dawn News. The decision, announced on Tuesday, stated that the matter is being handled through diplomatic channels under a Mutual Legal Assistance (MLA) agreement between Pakistan and Kenya.
In its detailed 14-page verdict, authored by Justice Aamer Farooq, the court expressed deep sorrow over Sharif’s death and acknowledged the grief felt by the nation and the journalist community. However, it ruled that further judicial interference could disrupt ongoing investigations and interfere with Pakistan’s foreign policy. The court said that if Sharif’s family had further grievances, they could approach courts of competent jurisdiction.
The FCC noted that Pakistan and Kenya are actively coordinating under the MLA agreement and that several important steps have already been taken. These include high-level diplomatic contacts, the formation of a special joint investigation team, and ongoing cooperation between the two governments. The court also highlighted that Pakistan’s Ministry of Foreign Affairs is best suited to manage international legal matters.
Arshad Sharif was shot dead on October 23, 2022, when Kenyan police opened fire on his vehicle near Nairobi. He had left Pakistan two months earlier after facing multiple legal cases. His killing sparked outrage across Pakistan and raised serious concerns about the safety of journalists.
Significantly, a Kenyan court later ruled that Sharif’s killing was a deliberate murder and handed down punishments to the involved Kenyan police officers, marking a major development in the case. Despite this ruling, controversy remains over the handling of the investigation in Pakistan.
One major concern is that the names of individuals accused by Sharif’s mother were not included in the First Information Report (FIR) she filed. This omission has led to criticism from legal experts and human rights groups, who argue that all allegations must be properly recorded and investigated to ensure transparency and justice.
Last week, one of Sharif’s widows had appealed to the FCC not to close the proceedings, stressing the family’s continuing struggle for accountability. However, the court concluded that legal and diplomatic processes were already in motion and that judicial intervention was unnecessary.
While the case may now be closed in Pakistan’s constitutional court, many believe the search for full justice for Arshad Sharif is far from over.
