IHC reserves verdict in petition seeking constitution of judicial commission to probe Arshad

ISLAMABAD  –  The Islamabad High Court (IHC) Tuesday once again reserved its verdict in a petition seeking court’s directions for the constitution of Judicial Commission to probe the death of Arshad Sharif (late). A single bench of IHC comprising Justice Raja Inaam Ameen Minhas conducted hearing of the petition filed by journalist Hamid Mir and Arshad Sharif’s widow, Javeria Siddique. The petitioners have been demanding formation of an independent judicial commission to probe the circumstances leading to Sharif’s death on October 24, 2022. During the hearing, Hamid Mir’s counsel, Barrister Shoaib Razzaq, submitted that the court had earlier reserved its decision on August 27 last year, but no tangible progress had been made since then. He contended that clarity was needed on why multiple FIRs were registered against Sharif, why he was compelled to leave Pakistan, and how he ended up being killed abroad.

Razzaq stressed that the public had the right to know the truth, which, he argued, could only be uncovered through an impartial and empowered judicial commission. He further requested that the commission be authorized to travel to Kenya to pursue the investigation. The counsel reminded the court that when Hamid Mir himself was attacked in the past, the Supreme Court had formed a commission to investigate the matter. “Arshad Sharif devoted 25 years to journalism—his case deserves transparent and open inquiry,” he maintained. Justice Minhas remarked that how a high court can decide a case when the matter is already pending before the Supreme Court. In response, the counsel argued that even so, a commission is ultimately responsible for the investigation, adding that the court can take a decision when reports are submitted by different institutions.

DIG Awais Ahmed informed the court that Pakistan is in the process of mutual legal assistance with Kenya, and that an FIR has already been registered. He explained that the case challan has been submitted while two suspects have been declared absconders. Mir’s counsel pointed out that despite the passage of three years, the case remained unresolved, and action has been limited to filing reports. Later, the IHC bench reserved its decision after both sides concluded their arguments. Earlier, a single bench of IHC comprising then Chief Justice of IHC Justice Aamer Farooq had reserved the judgment after hearing the argument of both the sides last year. Through the instant petition, the petitioner sought direction to the respondents for constitution of Judicial Commission to probe the death of Arshad Sharif (late), who was killed in Kenya on 24.10.2022.


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