Probe why Arshad Sharif had to leave country: Supreme Court

ISLAMABAD: The Supreme Court of Pakistan Thursday directed a special joint investigation team probing the murder of journalist Arshad Sharif to specifically examine the circumstances under which he had to leave the country.

A five-member larger bench of the court, headed by Pakistan Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsen, Justice Muhammad Ali Mazhar, Justice Jamal Khan Mandokhel and Justice Mazahir Ali Akbar Naqvi heard the suo motu case of journalist Arshad Sharif, who had been killed in Kenya on October 23, 2022. During the course of hearing, Chief Justice Umer Ata Bandial asked the investigation team head to ensure examining all facts and material from all angles and dimensions and for the fruitful progress of the investigation. “We did not ask you to make a trip around Dubai but you should have visited foreign countries for a fruitful investigation and be fully prepared as well,” Chief Justice Bandail told the investigation head.

The chief justice asked him to examine all aspects of the case in Pakistan particularly the circumstances under which Arshid Sharif had left the country. “This is a case of basic fundamental rights and we expect the probe team to leave for foreign countries well prepared,” CJ observed. He also directed him to inquire into the whereabouts of digital appliances of Arshad Sharif. “Investigate as to whether these were with the Kenyan police, intelligence or with two brothers, the hosts of the journalist. This is a test case for the probing team,” he added.

During the hearing, Javeria Siddique, widow of Arshad Sharif, expressed reservations about members of the investigation team. She submitted that two of the JIT members were subordinates of the accused in the case and she did not trust them. She requested the court to induct retired army officials including AD Khwaja and Gen (Retd) Tariq Khan in the team. The chief justice, however, said that they would not include retired officers in the team as it would comprise serving officials. The chief justice observed that sometime subordinate officials could also do wonders. “We don’t mistrust them, therefore, you should also trust the team constituted by the court,” the chief justice said, asking her to attend court proceedings. She requested the court to include terrorism and abetment charges in the case. The chief justice asked her to share anything with the court. Justice Ijazul Ahsen, another member of the bench, observed that the court would closely watch the working of the team. The chief justice said that they had the progress report submitted by the fact-finding committee and there were some issues in it which could not be made public. At the outset of the hearing, Justice Ijazul Ahsen and Justice Mazahir Ali Akbar Naqvi asked the additional attorney general as to whether there was any possibility of seeking support of the United Nations (UN) in the investigation. The law officer replied that it option could be vailed when needed. Earlier, Additional Attorney General Chaudhry Aamir Rehman informed the court that the team had so far recorded statements of 41 witnesses in Pakistan, adding that Kenyan authorities had suggested the team to visit the country to record the statements of required officials after January 15.

To a court query, the law officer submitted that the probing team would spend two weeks in Kenya. “The federal government has also sought Mutual Legal Assistance (MLA) from the Kenyan government and a letter has been dispatched on January 4,” he added.

The court, however, took notice of delay on the part of the federal government for seeking MLA from the Kenyan government in the murder case. The additional attorney general informed the court that the JIT had to go to Kenya for investigations but it couldn’t due to Christmas holidays. “The JIT will first go to the UAE and then Kenya on January 15,” he added.

Justice Ijazul Ahsn said that there were three phases of the probe including Pakistan, Dubai, and Kenya, asking whether the investigation of phase 1 had completed or not. The law officer replied that most of the investigation in phase 1 had been completed. But the chief justice asked the law officer that before going to Dubai and Kenya, the team must ensure that it was fully prepared for fruitful results.

Justice Mazahar Ali Akbar Naqvi remarked that the court was not trying to interfere with the investigation. “In fact we have given you complete independence and there should not be any impression that you are working on our direction,” the judge told the law officer. The chief justice asked Awais Ahmed, the JIT head, to inform the court if he needed logistic or any kind of support and adjourned the hearing until the first week of February.