ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday disposed of a suo motu case initiated on the killing of prominent journalist Arshad Sharif in Kenya, ruling that judicial oversight of the ongoing investigation was impermissible under Pakistani law.
The court emphasised that the matter was being handled through diplomatic channels and a mutual legal assistance (MLA) agreement between Pakistan and Kenya had also already been reached.
The 14-page judgment was authored by Justice Aamer Farooq and disposed of all pending applications.
“We acknowledge and share the grief felt by our nation and the journalist community over the death of our citizen,” the judgment said.
“Needless to observe that in case the legal heirs of Sharif have any specific grievance in the matter, they can approach the court(s) of competent jurisdiction,” it added.
The judgment said that in the present case, the MLA had been signed between Pakistan and Kenya, adding that both countries were coordinating at a diplomatic level to implement it.
“We were of the view that the authorities of both countries are taking appropriate action under their respective laws,” the judgment said, adding that there was no need for any judicial interference in this regard when the law and investigation were taking their due course.
The judgment said that if the FCC issued any judicial order directing the state, including the federal government, to represent the matter internationally, it would not only amount to interference in the ongoing investigation, which was already proceeding under MLA agreement, but would also encroach upon the domain of foreign policy.
More to follow
