ISLAMABAD - The Islamabad High Court (IHC) Tuesday reserved its decision in a petition seeking court’s directions for the constitution of Judicial Commission to probe the death of journalist Arshad Sharif (late).
A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq reserved the judgment after hearing the argument of both the sides in journalist Hamid Mir’s petition seeking court’s directions for the constitution of judicial commission to probe the death of Arshad Sharif (late), who was killed in Kenya on 24.10.2022.
During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan stated that an agreement with the Kenyan government would be required for further investigation of the case.
He explained that the Kenyan government had provided limited access to the records of the case, which allowed the preparation of a fact-finding report. However, he added that when the report was made public, the Kenyan government expressed dissatisfaction over it and ended the access.
The AGP also noted that following general elections in Kenya, a report was completed in this matter and the draft agreement between the two governments has been approved by the cabinet. The IHC Chief Justice remarked that the request is related to formation of judicial commission and asked that what is Pakistan’s position on this matter, whether the agreement had been made or not.
The AGP informed that a five-member bench of the Supreme Court has been formed to hear the matter and the case will be heard after the summer holidays.
The Chief Justice also questioned whether a judicial commission in Pakistan would be able to conduct an investigation in Kenya, as Kenyan authorities are not obligated to appear before the commission.
The Attorney General responded that even after an agreement with Kenya, there will be difficulties. After hearing the arguments, the court reserved its decision on the request to establish a judicial commission.