By Aleeza Arshad
ISLAMABAD: An unusual administrative mistake by the Supreme Court staff has resulted in the indefinite delay of the hearing concerning the murder of journalist Arshad Sharif.
The case was incorrectly presented to a bench of three judges, which included Justice Mansoor Ali Shah, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hasan. Justice Mansoor Ali Shah identified the error, pointing out that the case was previously assigned to a five-judge bench.
“This case was wrongly brought before a three-member bench,” Justice Mansoor stated. “Given the importance of this matter, the bench will be reconstituted, and the case is being referred back to the three-judge committee.”
Justice Mansoor emphasized the significance of the case and the necessity for it to be heard by the appropriate bench. The original five-member bench, which had initially taken up the suo motu notice regarding Arshad Sharif’s murder, included Justice Jamal Mandokhel and Justice Muhammad Ali Mazhar. Justice Mansoor mentioned that the hearing would be rescheduled once these two judges are available.
Due to these circumstances, Justice Mansoor adjourned the hearing indefinitely, stressing the need for the proper judicial panel to handle this critical case.
The murder of journalist Arshad Sharif has drawn widespread public attention, and the delay in proceedings caused by this administrative error highlights the necessity for precise court procedures. The judiciary is now focused on ensuring that the case receives careful consideration by the correct judicial body.
Timeline of Arshad Sharif’s Case
October 23, 2022:
Arshad Sharif, a renowned Pakistani journalist, was killed in a suburb of Nairobi, Kenya.
October 26, 2022:
Arshad Sharif’s body is brought to Pakistan. A post-mortem examination is conducted by a medical board in PIMS.
November 2022:
A fact-finding committee is formed, comprising FIA Director Muhammad Athar Waheed and Intelligence Bureau (IB) Deputy Director General Omar Shahid Hamid, to investigate Sharif’s death. They travel to Kenya and the UAE.
December 6, 2022:
The Supreme Court of Pakistan takes suo moto notice of Arshad Sharif’s murder and orders the government to file a First Information Report (FIR) by the end of the day. Chief Justice Umar Ata Bandial and a five-member larger bench, including Justices Ijaz Ul Ahsan, Jamal Khan Mandokhail, Mazahar Ali Akbar Naqvi, and Muhammad Ali Mazhar, hear the case. The court directed the government to present the FIR and the inquiry report conducted by the two-member investigation team on December 7. A larger bench of the court, headed by Chief Justice Umar Ata Bandial, will hear the case further on December 7, 2022, and will review the FIR and the inquiry report submitted by the investigation team.
The court’s decision came after public outcry and pressure, including a campaign by journalist Imran Riaz Khan and a letter from former Prime Minister Imran Khan.
Arshad Sharif was a prominent journalist who faced multiple legal cases in Pakistan before leaving the country. His mother had also requested a judicial commission to investigate the cases against her son.
The Chief Justice expressed concerns about the journalist’s killing and questioned the delay in submitting the final report of the government’s investigation.
December 7, 2022:
The Supreme Court orders the government to form a new Special Joint Investigation Team (JIT) to investigate Sharif’s murder. The JIT is to include members from the ISI, IB, FIA, and the Islamabad police. The court emphasizes the importance of a thorough investigation and demands that the foreign affairs ministry assist the JIT in gathering evidence. The Supreme Court directed the officials to record the statement of Arshad Sharif’s mother, who claims her son was receiving death threats and was forced to leave Pakistan.
December 8, 2022:
The federal government forms a new Special Joint Investigation Team (JIT) to probe the murder of Arshad Sharif. The members include the DIG Intelligence Branch, Sajid Kiyani, FIA’s Waqarauddin Syed, DIG Headquarters, Owais Ahmed, Murtaza Afzal from the Military Intelligence, and Muhammad Aslam from the ISI.
January 5, 2023:
Arshad Sharif’s wife, Somiya Arshad, expressed concerns about the composition of the joint investigation team (JIT) probing her husband’s murder. She questioned the impartiality of two JIT members due to them being subordinates of those accused. The court, while acknowledging her concerns, urged her to trust the process. Somiya also requested additional charges, including terrorism and abetment, be added to the case. The JIT informed the court of progress made, including recording witness statements and plans to visit Kenya. The court emphasized the importance of different phases in the investigation, focusing on the circumstances leading to Sharif’s departure from Pakistan, his stay in Dubai, and the events in Kenya.
February 13, 2023:
The JIT reported facing significant obstacles, including being denied access to crucial evidence by Kenyan authorities. The court expressed concern over the leak of the fact-finding report and ordered an investigation into its disclosure.
The bench questioned the JIT’s findings and the overall strategy, emphasizing the need for concrete evidence and a comprehensive investigation. Despite assurances of cooperation from Kenyan authorities, the JIT’s access to the crime scene and key witnesses was restricted.
The court directed the JIT to submit a complete report within a month and adjourned the hearing until March.
March 9, 2023:
The Special Joint Investigation Team (SJIT) probing the murder of journalist Arshad Sharif submitted a progress report to the Supreme Court of Pakistan. The report’s contents were kept confidential, but it was revealed that the team is continuing to gather evidence, including recording witness statements, and plans to revisit Kenya.
The Supreme Court had previously expressed dissatisfaction with the initial investigation efforts, particularly the SJIT’s visit to the UAE and Kenya. The court had directed the team to investigate the circumstances surrounding Sharif’s departure from Pakistan, the multiple FIRs filed against him, and the premature release of the fact-finding report.
The court also considered involving the United Nations in the investigation to overcome obstacles posed by the Kenyan authorities. While recognizing Kenya as a friendly state, the court emphasized the need to address the country’s reluctance to cooperate fully with the investigation. The Supreme Court adjourns the hearing and directs the SJIT to continue its investigation and submit a full report by the end of March. The court emphasizes the need for diplomatic efforts to ensure cooperation from Kenyan authorities.
June 13, 2023:
The Supreme Court of Pakistan, led by Chief Justice Umar Ata Bandial and four other judges, heard a Suo Motu case concerning the murder of journalist Arshad Sharif in Kenya. The Attorney General presented an interim report from the Special Joint Investigation Team (SJIT) and an update from the Ministry of Foreign Affairs on the progress of the investigation in Kenya and the UAE. The Court acknowledged that Mutual Legal Assistance Agreements with these countries are still being negotiated and granted an adjournment to allow this process to be completed. Shaukat Aziz Siddiqui, representing Sharif’s mother, requested that the SJIT examine certain individuals suspected of knowing about the assassination. The Court ruled that it could not direct the investigation but advised Siddiqui to approach the SJIT directly.
This administrative mistake in the Arshad Sharif murder case highlights a serious flaw in the strict procedural standards necessary for cases of this significance. The way this important matter was handled improperly betrays a lack of due diligence and careful investigation.
The delay hinders justice for Sharif’s family and erodes public trust in the legal system while the case waits to be reallocated to the proper five-member panel. To maintain the integrity of the legal system and the pursuit of justice, it is essential that the judiciary swiftly corrects this lapse and makes sure that matters of this nature are handled with the highest care.
