Constitution of larger bench: Arshad Sharif’s murder case referred to SC body

ISLAMABAD: Renown-ed journalist Arshad Sharif’s murder case was referred to the Supreme Court Committee for the constitution of larger bench.

A three-judge bench, headed by Justice Mansoor Ali Shah, and comprising Justice NaeemAkhtar Afghan and Justice Shahid Bilal Hassan, on Monday, heard the suomoto case for the independent and transparent investigation of Sharif’s murder.

During the proceeding, Justice Mansoor noted that earlier a five-member bench, of that Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar, were its members, had heard the case, therefore, it will be appropriate, that instead of three, a five-member bench be constituted. He said on availability of Justice Jamal and Mazhar new bench be formed.

Justice Mansoor, therefore, referred the matter to the Committee, set up under Supreme Court (Practice and Procedure) Act, 2023, to form new larger bench.

The Attorney General for Pakistan informed the bench that interim reports, one filed by the Special Joint Investigation Team (SJIT) and other by the Ministry of Foreign Affairs regarding the steps taken by it to expedite the investigation have been submitted.

He stated that a document regarding Mutual Legal Assistance Agreements with the UAE and Kenya has been formulated, which will be approved in the next cabinet session. Justice Mansoor inquired whether the Kenyan court has passed any judgment regarding murder of Arshad Sharif. The attorney general replied in positive.

The mother of slain journalist, last year had filed an application through advocate ShaukatSiddiqui pleading that former Prime Minister and Chairman Pakistan Tehreek-e-Insaf Imran Khan, PTI’s former ministers Faisal Vawda and Murad Saeed, CEO ARY News Salman Iqbal and journalist/Vlogger Imran Riaz Khan, who had claimed with “all certainty to this affect”, join the investigation, and the JIT be directed to probe them for collecting evidence against the real perpetrators.

She submitted that investigation of the case, at first instance, be conducted and proceeded in Pakistan where conspiracy to kill the journalist was hatched. She had requested the Court either to supply Fact Finding Report and other reports or allow her counsel to inspect/peruse these reports with the permission to take notes.

However, a five-judge bench, headed by Chief Justice Umar Ata Bandial and comprising Justice IjazulAhsan, Justice SayyedMazahar Ali Akbar Naqvi, Justice Jamal Mandokhel and Justice Mohammad Ali Mazhar, on 13-06-2023 held that the application is not maintainable. However, it stated; “nevertheless, counsel may, if so inclined, approach the SJIT for the stated purpose.

Copyright Business Recorder, 2024