
The government informed the Constitutional Bench of the Supreme Court on Friday that mutual legal assistance agreement had been signed with the Kenyan government regarding the murder case of Pakistani journalist Arshad Sharif, which was currently in the ratification process.
During the hearing of the suo motu case, the six-member Constitutional Bench, headed by Justice Aminuddin Khan, was informed that Sharif's widow had been fighting the case in Kenya without any support from the Pakistani government, which neither became a party to the case nor provided any support to her.
Sitting on bench, Justice Jamal Mandokhail questioned why the government was not supporting a woman who was fighting the case alone in Kenya. Justice Hassan Azhar Rizvi echoed the concern, saying that a Pakistani journalist had been mercilessly killed in Kenya.
The additional attorney general (AAG) said that Pakistan had signed a memorandum of understanding with Kenya for mutual legal assistance in the case, adding that one month's time was required for the implementation of the agreement and some necessary actions.
The AAG stated that the interior ministry had been told on February 27 to proceed with the ratification process. The Interior ministry joint secretary told the court that the foreign ministry had also been asked to provide legal cooperation. Justice Rizvi asked AAG to submit a daily progress report.
Justice Aminuddin Khan observed that the court was not in favour of the joint investigation teams because it served no purpose. However, he expressed concern over the lack of significant progress in the case despite the passage of considerable time.
During the hearing, Javeria Siddique, the lawyer representing Sharif's widow, informed the court that the Kenyan high court had ordered action against the officials involved in the murder, but the Kenyan government had appealed against the decision.
The lawyer stated that the Pakistani government did not become a party to the case nor did it provide any support to her client. Justice Mandokhail said that the woman was fighting the case alone in Kenya, so what was the problem with her support.
The AAG said that the government was not getting access to the crime scene, adding that becoming a party to the case in Kenya would not solve any problems. He stressed access to the crime scene was necessary for the investigation, which would be possible only after the legal assistance agreement.
Later, the hearing was adjourned for a month.
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