The Islamabad High Court (IHC) on Aug 27 reserved its decision on a petition seeking the establishment of a judicial commission to investigate the murder of prominent journalist Arshad Sharif, who was killed in Kenya in October 2022. The petition, filed by journalist Hamid Mir, has called for an independent and transparent inquiry into the circumstances surrounding Sharif’s death.
During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan presented the government’s stance, highlighting the diplomatic and procedural complexities involved in the case. He informed the court that the federal cabinet had recently approved a draft agreement with Kenya, which is aimed at facilitating cooperation between the two countries. This agreement is necessary for Pakistani authorities to continue their investigation into the murder, as it would allow limited access to Kenyan records related to the case.
AGP Awan explained that an initial fact-finding mission had been conducted with the cooperation of Kenyan authorities, but the Kenyan government later expressed dissatisfaction when the findings were made public. As a result, the Kenyan government restricted further access, complicating efforts to gather more evidence.
Chief Justice of Islamabad High Court (IHC) Justice Aamer Farooq, who presided over the case, questioned the feasibility of a Pakistani judicial commission investigating a case that occurred in Kenya. He raised concerns about the jurisdictional limitations, noting that Kenyan officials would not be legally required to cooperate with a commission formed in Pakistan.
In response, AGP Awan acknowledged the difficulties but emphasized that the Pakistani government remains committed to pursuing justice in the case. He also mentioned that a five-member bench of the Supreme Court of Pakistan has been constituted to review the case, with hearings expected to resume after the court’s summer recess. The petitioners, led by Hamid Mir, argued that a judicial commission is essential to ensure a transparent and impartial investigation, given the high-profile nature of the case and the public interest it has generated.
Justice Farooq on May 30 sought the attorney general’s assistance regarding a petition filed by journalist Hamid Mir, which called for the investigation of Arshad Sharif’s murder by a judicial commission. During the preliminary hearing, Justice Farooq reviewed the Supreme Court’s suo motu order sheets related to the case. The counsel for Mr. Mir also presented some of these documents in court. The petition requested the formation of a judicial commission for a transparent investigation into Sharif’s murder.
IHC had summoned the Attorney General for Pakistan (AGP), the head of the Joint Investigation Team (JIT), and the Inspector General of Police (IGP) during a hearing on July 11.
