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FCC Questions Jurisdiction in Arshad Sharif Murder Suo Motu Case
The Federal Constitutional Court has questioned whether it can continue proceedings in journalist Arshad Sharif’s murder case after suo motu powers changed under the 27th Amendment. The court has sought guidance and a fresh progress report.
MH
by Muhammad Hashir
2025-12-03
FCC Questions Jurisdiction in Arshad Sharif Murder Suo Motu Case

The Federal Constitutional Court (FCC) on Wednesday raised a pivotal question regarding its jurisdiction to continue hearing the suo motu case concerning the killing of journalist Arshad Sharif, following the changes introduced by the 27th Constitutional Amendment.

A two-judge bench comprising Justice Aamer Farooq and Justice Rozi Khan noted that the Supreme Court’s original suo motu proceedings—initiated in December 2022—may no longer fall under FCC jurisdiction unless a valid application exists, as required under the amended framework.

Sharif, who had left Pakistan in August 2022 after multiple sedition cases, was shot dead by Kenyan police on Oct 23, 2022, in what authorities initially described as a case of “mistaken identity.” A later fact-finding report, however, termed the killing a “planned targeted assassination” involving “transnational characters”.

Court Questions Jurisdiction After Amendments

During Wednesday’s hearing, Justice Farooq stressed the necessity of addressing jurisdictional concerns, noting that the FCC “cannot function without satisfying itself” on whether it could legally proceed with the suo motu matter.

The 27th Amendment transferred suo motu authority to the FCC but limited its exercise to cases initiated through a formal application that the court deemed valid. This raised doubts about the ongoing proceedings, which originated directly through Supreme Court intervention prior to the amendment.

Advocate Imran Shafique, representing Sharif’s widow Javeria Siddique, argued that past court decisions allowed the FCC to continue such matters and contended that the thousands of letters sent to the Supreme Court after Sharif’s killing could be treated as formal pleas.

The bench sought detailed assistance on this jurisdictional issue from all parties at the next hearing on December 17.

Progress Report Ordered

The FCC also directed authorities to submit a comprehensive progress report on the murder investigation, highlighting completed legal steps and suggesting future actions. Justice Farooq reiterated that the objective of the original suo motu proceedings—ensuring justice—should remain central.

Additional Attorney General (AAG) Chaudhry Aamer Rehman informed the court that Pakistan had signed a legal assistance agreement with Kenya and had requested approval for a Special Joint Investigation Team (SJIT) to revisit the crime scene. He noted that 47 SJIT meetings had been held and statements from 74 individuals recorded.

Stalled Proceedings in Kenya

One lawyer representing the journalist’s family said the Kenyan High Court had declared certain police officers as accused, yet no prosecution had begun. Instead, some officers had reportedly been promoted.

Justice Farooq acknowledged the family's pain but reminded that the crime occurred outside Pakistan, meaning progress depended heavily on Kenya’s cooperation. The AAG stressed that Pakistan could not “offend” a friendly nation that consistently supported it in international forums.

Access to Investigation Reports

Advocate Saad Umar Buttar, representing Sharif’s first wife Summaiya Arshad, requested that the family be allowed to view the SJIT investigation report. Justice Farooq said the court would permit access if the law allowed it, but the AAG replied that documents could only be shared after the final challan was submitted.

The earlier 592-page fact-finding report, already public, has challenged the Kenyan police’s narrative and pointed toward deliberate targeting.

FIR Registered, Accused Absconding

The AAG confirmed that an FIR was registered in Pakistan naming Khurram, Waqar, and Saleh as accused. All three are absconding, and Interpol has been approached for red warrants.

He also recalled that Prime Minister Shehbaz Sharif had discussed the case in a 2022 phone call with Kenyan President William Ruto, emphasizing Pakistan’s interest in a transparent investigation.

As the case enters its third year with no breakthrough, the FCC aims to determine both its jurisdiction and how best to move forward toward justice for Arshad Sharif.
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