The Federal Constitutional Court (FCC) has formally ended its suo motu proceedings in the Arshad Sharif murder case, ruling that continued judicial monitoring would cross into direct supervision of the investigation.
The decision was announced in a detailed written order, authored by Justice Aamer Farooq, disposing of the case initiated by former chief justice Umar Ata Bandial. The court made clear that keeping the matter pending would require constant oversight, which it said is not the judiciary’s role.
Arshad Sharif, a senior Pakistani journalist, was killed in October 2022 while in Kenya. His death triggered widespread concern across Pakistan and led to demands for transparency and accountability. In response, the Supreme Court had taken suo motu notice to examine the circumstances surrounding the killing.
In its ruling, the FCC stressed that the Constitution guarantees the right to a fair trial under Article 10-A. This protection, the court noted, applies not only during trial but also from the very start of an investigation. A fair process requires investigators to work independently and without pressure.
The court explained that a credible investigation must gather evidence objectively. It should include material that may support both the prosecution and the defence. According to the order, judicial supervision during this phase could undermine that independence.
While acknowledging national grief over Sharif’s death, the FCC stated that any specific concerns should be taken to the appropriate legal forum. The judges observed that the legal heirs of the journalist remain free to seek remedies before a court of competent jurisdiction.
The ruling also addressed international aspects of the Arshad Sharif murder case. It held that directing the government on how to pursue the matter abroad would interfere with an ongoing investigation and intrude into foreign policy. Such matters, the court said, fall under the authority of the Ministry of Foreign Affairs and the federal government.
The FCC noted that Pakistan and Kenya have already signed a Mutual Legal Assistance agreement. Both states are coordinating through diplomatic channels to implement it. Given this framework, the court found no justification for further judicial intervention.
Concluding the order, the FCC reaffirmed settled Supreme Court jurisprudence. Courts, it said, should avoid interfering in investigative matters once lawful mechanisms are in place. As a result, the suo motu proceedings were closed, allowing the investigation to continue under existing legal processes.