Arshad Sharif murder: Kenyan authorities not cooperating with JIT, SC told

• Supreme Court heard the case on murder of journalist Arshad Sharif
• Court was informed that Kenyan authorities were not cooperating with JIT
• CJP Bandial ordered to submit a report on how the case will proceed

ISLAMABAD: Supreme Court (SC) on Monday expressed displeasure over the report of the Special Joint Investigation Team (JIT) formed to probe the murder of senior journalist Arshad Sharif.

A five-member bench, comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Jamal Mandokhel, Justice Syed Mazahar Ali Akbar Naqvi, and Justice Mohammad Ali Mazhar, heard the suo moto case on the murder of the journalist.

The apex court was informed that Kenyan authorities were not granting access to the crime scene to the investigating team. Additional Attorney General (AAG) Aamir Rehman told the court that Kenyan authorities had only accepted Pakistan’s request for mutual cooperation and legal assistance in the investigation.

JIT chief Owais Ahmed said the investigation team had not yet received any material related to Sharif’s murder. He said Kenyan officials are not granting full access needed for the investigation.

Justice Naqvi said the Kenyan authorities should have cooperated with the JIT. He said the court should be informed if the team found strong evidence from the investigation conducted in Kenya.

The JIT chief responded that the team was in contact with the Kenyan and UAE authorities. He added that team met doctors and police officials in Kenya, but has not yet started probe in UAE.

Justice Bandial said that Kenya was a sovereign country and they should not blame anyone. The top judge said mistakes were made on both sides in Pakistan and abroad in the case, adding that it was yet to be seen if the team was even ready for the investigation.

The chief justice asked what has the JIT received so far and why the report of the fact-finding committee was report released as it may have alerted the suspects. He added that it was the responsibility of the Foreign Office to investigate the matter.

CJP Bandial said investigations should be carried out in the country but the cooperation of foreign ministries is required.  He said the Ministry of Foreign Affairs can assist in the investigation by contacting the relevant foreign agencies.

Justice Mazhar observed that the Kenyan foreign minister had assured the Foreign Office of cooperation. “Why was the special JIT not allowed to go to the scene of the murder in Kenya despite assurances?” he questioned.

“The same story is being told to us from the first day,” the judge said. He added that diplomatic relations with Kenya are also to be maintained.

Justice Ahsan said that there were three aspects to Arshad Sharif’s murder. “Who forced him to leave Pakistan? Was an inquiry on who registered cases against him? What was he shown that forced him to leave?

“When all these links are connected, it will be known by itself who wanted to get rid of Arshad Sharif,” he added.

Justice Ahsan inquired about Arshad Sharif’s mobile phone and other belongings. The JIT chief replied that mobile and iPad are with Kenya’s IT department, while other items have been received.

Justice Naqvi also questioned why the statements of suspects Khurram and Waqar, who were present with Arshad Sharif at the time of the murder, were not recorded.

AAG said Kenyan authorities assured cooperation but did not let them visit the site of the incident. He said the team was only allowed to meet the prosecutor.

The chief justice said the JIT would have to look into how the case is moving forward. “Who was bearing Arshad Sharif’s expenses and why?” he asked.

He further said that the Pakistan embassy should also seek help from lawyers and journalists in Nairobi. He advised the authorities concerned to try getting their hands on the Kenyan investigation report.

The CJP directed the foreign ministry to find out why Kenyan authorities backtracked from cooperation. The AAG was asked to letter to Interpol for the arrest warrant of suspects Khurram and Waqar.

The chief justice gave the team two weeks’ time give a full report on how to proceed in the murder case. The hearing was subsequently adjourned till the first week of March.

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