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Sunday September 08, 2024

Arshad Sharif murder case referred to committee for larger bench

Justice Mansoor observed that this three-member bench could not hear arguments on merits of case

By Sohail Khan
July 30, 2024
Slain journalist and anchorperson Arshad Sharif (late). —Arshad Sharif/ Facebook/File
Slain journalist and anchorperson Arshad Sharif (late). —Arshad Sharif/ Facebook/File

ISLAMABAD: The Supreme Court on Monday referred a suo motu case regarding slain journalist Arshad Sharif, who had been assassinated in Kenya, to a three-member committee for constituting a larger bench.

A three-member bench of the apex court headed by Justice Syed Mansoor Ali Shah and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan heard the suo motu case regarding independent and transparent investigation into the murder of Arshad Sharif.

During the hearing, Justice Mansoor Ali Shah observed that the case was earlier heard by a five-member bench, adding that it seemed the matter had been fixed before this bench by a mistake.

He said that this matter also did not come before a three-member committee, constituted under the Supreme Court (Practice and Procedure) Act 2023, that decide about the constitution of a bench for hearing a suo motu case.

Attorney General Mansoor Usman told the court that a draft for Mutual Legal Assistance (MLA) has been prepared and soon it will be approved by the cabinet in its upcoming meeting. To a question, the AG informed the court that the Kenyan court has also announced its decision in the matter in hand.

Justice Mansoor observed that this three-member bench could not hear the arguments on the merits of the case.

Advocate Shaukat Siddiqui, representing the family members of the slain journalist, informed the court that earlier they had submitted an application before the larger bench and had requested for summoning those people who claim that they have the knowledge as to who killed Arshad Sharif.

Siddiqui further submitted that they had also placed in the application names of those six persons who knew who were involved in killing of Arshad Sharif. He submitted that the larger bench had dismissed the application for not being maintainable.

Justice Mansoor observed that the matter was very important and should be heard at length but added that as the matter has been heard earlier by a five-member larger bench, therefore, it would be appropriate that it should be referred to the committee for fixing the larger bench to hear the case.

It is pertinent to mention here that former Chief Justice Umer Ata Bandial had taken suo motu notice of murder of journalist Arshad Sharif and later on a five-member bench of the apex court headed by him had heard the case.