Arshad Sharif case: IHC declines to issue directives for formation of a JC

ISLAMABAD: The Islamabad High Court (IHC) on Friday declined to issue directives for formation of a judicial commission to probe the killing of journalist Arshad Sharif, observing that the matter has already been under the scrutiny of the Supreme Court.

A single-judge bench of Justice Raja Inaam Ameen Minhas announced the verdict, which was earlier reserved on August 26 after hearing arguments from the petitioners –journalist Hamid Mir and Arshad Sharif’s widow Javeria Siddique – who had sought the constitution of an independent judicial commission.

The judgment noted that the Supreme Court had already taken suo motu notice of the incident on December 6, 2022, following the journalist’s killing on October 24, 2022, in Kenya.

The apex court had stressed the need for an impartial, independent, and transparent investigation due to the sensitivity of the case and its implications for press freedom and the right to life under Article 9 of the Constitution.

An FIR (No. 987/22) was registered at Islamabad’s Ramna Police Station under Sections 302 and 34 of the Pakistan Penal Code on the same day, in compliance with the Supreme Court’s orders.

Initially, a fact-finding committee was constituted by the federal government. However, given the gravity of the case, a Special Joint Investigation Team (SJIT) was formed on December 7, 2022, to ensure a robust and transparent inquiry.

The IHC bench, in its reserved verdict, observed that the Supreme Court has been consistently monitoring the investigation’s progress, with regular reports submitted by the SJIT to a five-member bench.

On February 13, 2023, the court framed specific legal and factual questions to ensure the inquiry addresses all aspects, including motives, official accountability, and identification of perpetrators.

The apex court’s proceedings continued until June 13, 2023, during which it maintained judicial oversight and issued multiple directions to ensure fairness and procedural integrity.

In May 2023, the Supreme Court also directed the District and Sessions Judge (West) Islamabad to provide a detailed report on the status of the FIR.

The judgment further noted that the trans-national nature of the case had been acknowledged, and on December 10, 2024, the federal government executed a Mutual Legal Assistance (MLA) agreement with the Kenyan government. This enabled the SJIT to conduct investigative activities in Kenya, securing essential evidence from abroad.

“In light of the foregoing facts and circumstances, it is evident that the matter concerning the tragic murder of the journalist Arshad Sharif is presently subjudice before the Supreme Court,” the IHC judgment stated. “Consequently, this court is restrained from issuing any directive to the federal government for the constitution of a judicial commission, as doing so would encroach upon the apex court’s jurisdiction.”

However, Justice Minhas added that the petitioners are not without remedy and may raise their concerns directly before the Supreme Court in accordance with the law.

The court also directed the respondents to keep the petitioners informed of all developments in the ongoing investigation and provide them with any reports, findings, or other relevant material prepared thus far. The petitioners must also be updated on future progress until the case is conclusively resolved, the verdict concluded.

Copyright Business Recorder, 2025