ISLAMABAD: The government on Monday informed the Supreme Court that the Special Joint Investigation Team (SJIT) could not get any tangible material regarding the murder of senior journalist Arshad Sharif as the Kenyan authorities neither allowed the probing team to have access to crime scene nor investigate any individual.
A five-member larger bench of the apex court headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsen, Justice Muhammad Ali Mazhar, Justice Jamal Khan Mandokhel and Justice Mazahir Ali Akbar Naqvi heard suo motu case of Arshad Sharif who was killed in Kenya on October 23, 2022.
Additional Attorney General (AAG) Chaudhry Aamir Rehman told the bench that two reports were submitted before the court, one by the Foreign Office and second by the SJIT. He submitted that the Kenyan authorities did allow the SJIT accesses to the crime scene, adding that the probing team was denied to investigate any individual there.
“That’s why the SJIT could not get any tangible material or evidence regarding murder of Arshad Sharif in Kenya,” the AAG submitted adding that the probing team was not even allowed to meet two brothers Khurram and Waqar, who sponsored and hosted Sharif, in the eastern Kenya.
He, however, said that the Kenyan authorities have initiated legal proceedings against the two police officials for firing on the vehicle in which Arshad was sitting. The law officer further informed the court that Prime Minister Shehbaz Sharif had talked to the Kenyan president on phone in January, seeking his government cooperation on the matter but the Kenyan government has not yet responded.
The AAG submitted that the Kenyan authorities had so far agreed to provide mutual legal assistance. He further submitted that the United Arab Emirates (UAE) has not yet permitted the SJIT to conduct investigation there. Awais Ahmed, head of SJIT, told the court that they are in contact with Kenyan and UAE authorities, adding that the probing team had met police and doctors in Kenya.
Chief Justice Bandial observed that some mistakes were made in the investigation process of murder of Arshad Sharif in Pakistan and abroad. The CJP questioned as to why and on whose direction the fact-finding report was issued.
“The accused got cautious after issuing the fact-finding report,” Justice Bandial remarked and questioned as to whether the SJIT conducted the investigation in view of all the points surfaced in the fact-finding report.
“Something went wrong between the process of visiting Kenya and then going there and it was the responsibility of Foreign Office to inquire about it,” the CJP observed.
Justice Muhammad Ali Mazhar observed that the Kenyan foreign minister had assured the Foreign Office of his cooperation. “Despite of assurance why the SJIT was denied access to the crime scene in Kenya,” the judge asked.
AAG Rehman submitted that they have to maintain diplomatic relations with Kenya, adding that they avoid steps that could affect the diplomatic relations.
The FO additional secretary told the court that the minister of state for foreign affairs had contacted the Kenyan foreign minister and the Kenyan authorities had assured for extending cooperation.
Justice Ijazul Ahsen observed that that there were three dimensions of murder of Arshad Sharif; one, who forced the deceased to leave the country; two, whether it was probed as to who lodged cases throughout the country against Arshad Sharif; three, as to whether it was found out that why the deceased was forced to leave.
“When all these channels are connected, it can be easily found as to who wanted to get rid of him,” Justice Ahsen remarked.
The AAG submitted that he was not sure who was behind lodging cases against Arshad. “Don’t play game with the court as it was the first stage of investigation which has not yet been completed,” Justice Mazahir Naqvi told the law officer.
Whether the SJIT went to Kenya and UAE for entertainment,” the judge remarked, adding that the story that the Kenyan government was investigating was not acceptable. The AAG submitted that tweets and programmes conducted by the deceased are being examined.
To a court query, the SJIT chief told the court that the cell phone and iPad of the deceased were with the Kenyan IT department, while rest of the belonging have been received by the Pakistani authorities.
Chief Justice Bandial observed that now the SJIT will have to analyse as how to proceed further. The CJP further observed that no one could be accused of murder as yet.
Justice Ijazul Ahsen observed that in order to advance the investigation, the United Nations should be involved in the matter.
The AAG said that the time has not yet come to seek help of United Nations. The CJP observed that Arshad Sharif was an international reputed journalist and asked the SJIT head to seek help from the local journalist as well as foreign journalists including Kenyan journalists.
He also observed that Pakistani Embassy in Kenya should also seek help and cooperation from journalist as well as legal fraternity in Nairobi in the murder case of Arshad Sharif. Later, the court adjourned the hearing until March.
