Islamabad — The Federal Constitutional Court (FCC) has disposed of suo motu proceedings in the murder of senior journalist Arshad Sharif, ruling that continued judicial oversight would effectively place the court in the role of supervising the ongoing investigation.
In a 14-page order authored by Justice Aamer Farooq, the court — which took up the case under former Chief Justice Umar Ata Bandial — held that such monitoring would amount to interference in the probe, contrary to established jurisprudence.
In December 2022, a Pakistani fact-finding team concluded that Sharif’s death was a planned and targeted assassination carried out by transnational actors, and not a case of mistaken identity. Despite this report courts failed to provide justice. https://t.co/hMKyfAqPgN
— Hamid Mir حامد میر (@HamidMirPAK) February 4, 2026
Key Highlights
- FCC disposes of suo motu case initiated by ex-CJP Bandial.
- Oversight would equate to supervising investigation, impermissible.
- Article 10-A guarantees fair trial from investigation stage onward.
- Probe must remain independent, transparent, free from undue pressure.
- Legal heirs can approach competent courts for specific grievances.
- Court shares nation’s grief over Arshad Sharif’s death.
- MLA agreement with Kenya in place; diplomatic coordination ongoing.
- No judicial orders needed for international representation — MoFA domain.
- References Supreme Court’s March 17, 2023 order rejecting similar supervision.
The order stressed that Article 10-A’s protection of fair trial begins at the investigation’s inception, requiring impartial evidence collection from all angles — supporting both prosecution and defence. It noted that Shaukat Aziz Siddiqi, representing Sharif’s family in Supreme Court proceedings, had argued against judicial supervision once the Special Joint Investigation Team (SJIT) was formed — a position the FCC endorsed.
On international aspects, the court observed that Mutual Legal Assistance (MLA) mechanisms between Pakistan and Kenya are active, with diplomatic channels handling coordination. Directing the state on foreign policy matters would encroach on the Ministry of Foreign Affairs’ domain, the order clarified.
The FCC acknowledged the journalist community and nation’s grief while affirming that the investigation is proceeding under law. If grievances arise, Sharif’s legal heirs may seek remedies through appropriate courts.
This disposal underscores judicial restraint in ongoing probes, ensuring independence while upholding constitutional safeguards for fair and transparent justice in high-profile cases like Arshad Sharif’s murder.
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