Islamabad (Web Desk): The Supreme Court (SC) has expressed deep concern over the ongoing delays in finalizing a Mutual Legal Assistance (MLA) agreement with Kenya, a critical component of the investigation into the murder of journalist Arshad Sharif.
During a suo motu hearing on Friday, a constitutional bench of six judges, led by Justice Aminuddin Khan, took up the matter.
The Additional Attorney General (AAG) informed the court that the agreement had been signed and would be sent for presidential approval within the next month.
Justice Hassan Azhar Rizvi raised questions about why the agreement, signed on December 10, 2023, had not yet been ratified.
Justice Jamal Khan Mandokhail, in a pointed remark, suggested that the court might need to demand daily progress updates on the matter.
The bench also drew attention to Pakistan’s earlier extradition of Daesh commander Sharifullah to the United States, despite the absence of an extradition treaty, and asked why similar urgency had not been applied to this case, especially when a journalist's life had been lost.
In his remarks, Justice Rizvi noted the government's lack of support for Sharif’s widow, Javeria Siddique, who is pursuing justice in Kenya.
Interior Ministry's joint secretary told the court that the Foreign Ministry had been informed about the MLA agreement on February 27.
This prompted the bench to further questions as to why two months had passed without any action after the last hearing.
Arshad’s widow Javeria Siddique informed the court that Kenya’s High Court had ordered action against the police officers involved in her husband's murder.
However, she noted that the Kenyan government had appealed the ruling. She lamented that Pakistan had not offered any assistance or intervened in the matter, leaving her to fight the case alone in Kenya.
Justice Mandokhail questioned why the Pakistani government was reluctant to support a woman battling for justice in a foreign country, and the AAG responded by citing the lack of access to the crime scene, which was crucial for Pakistan's involvement in the investigation.
He emphasized that Pakistan could only become a formal participant in the case once the MLA agreement was fully enacted.
The case has been pending for years, with Justice Muhammad Ali Mazhar noting the prolonged delay.
Arshad Sharif’s mother’s counsel requested a copy of the fact-finding report, which the AAG claimed had already been leaked to the media.
The SC adjourned the hearing for another month, requesting a progress update on the approval of the MLA agreement.
Arshad Sharif, a well-known journalist, had fled Pakistan and moved to Kenya after facing numerous legal challenges. His murder in October 2022 led to legal proceedings in Kenya, where a court ruled that police officers had acted unlawfully in his killing.
This sparked a legal battle initiated by Sharif’s widow, Javeria Siddique, alongside Kenyan journalists, accusing high-ranking police and legal officials of unlawfully causing his death and failing to conduct a proper investigation.
Arshad Sharif was shot in the head by Kenyan police, who claimed it was a case of mistaken identity.
His murder prompted international outrage and renewed scrutiny of extrajudicial killings by Kenyan security forces.
The issue of police brutality and unlawful killings in Kenya has long been a concern for human rights organizations.
