Kenya wants MLA for Sharif’s murder probe, SC told

CJP underscores importance of finding reasons behind killing of journalist

ISLAMABAD:

Chief Justice Umar Ata Bandial on Tuesday underscored the importance of finding the reasons behind the killing of Pakistani journalist Arshad Sharif last year, pointing out that there was no progress in the investigation.

During hearing of the suo motu notice case pertaining to Sharif’ murder in Kenya, the chief justice expressed his displeasure over publication of a report of the fact-finding committee and asked why the precaution was not adopted regarding the report.

A five-judge larger bench led by Chief Justice Bandial, heard the case.

The chief justice remarked that it was imperative to know why Sharif went to Kenya.

He also stressed the need for examining the vehicle in which the journalist was killed.

Shaukat Aziz Siddiqui, the lawyer for the mother of the slain journalist, pleaded for an investigation, involving five persons, including the PTI chairman.

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However, the chief justice told the lawyer to approach the Special Joint Investigation Team (JIT).

Attorney General for Pakistan (AGP) Mansoor Usman Awan apprised the bench that the Special JIT report on the matter had been delayed, but communication with the Interpol was ongoing.

According to the Ministry of Foreign Affairs, the chief justice said, the case could not proceed until a mutual cooperation agreement was signed with Kenya.

Sitting on the bench, Justice Mazahir Naqvi asked why the Kenyan authorities cooperated with the fact-finding committee but not with the Special JIT.

The AGP confirmed that the Kenyan high commissioner had told the government on June 9 that the signing of a mutual legal assistance (MLA) instrument was necessary for further proceedings.

He added that Kenya had sent a draft, which was being shared with various institutions for their input, adding that he would inform the court about the draft.

The chief justice said that Sharif's wife had referred to various international laws and procedures for accessing these laws.

The lawyer for Sharif’s widow apprised the court that the application could be submitted under the United Nations forums for investigation.

The lawyer said that if there was no agreement with Kenya, other international conventions could be used.

The chief justice said that the court itself could not decide on this matter, directing the AGP to review this report and assist the court.

Later, the hearing was adjourned till the second week of July.