New Bench to Lead Investigation into Journalist’s Murder
The Supreme Court’s Practice and Procedure Committee has formed a larger bench to hear the suo motu case of journalist Arshad Sharif’s murder. Sharif was tragically killed by police at a roadblock in Kajiado, Kenya, nearly two years ago. The newly formed five-judge bench will be headed by Justice Jamal Khan Mandokhail.
Background and Formation of the Bench
This decision follows the top court’s previous bench, led by Justice Mansoor Ali Shah, which referred the case to the committee on July 29. Justice Mansoor’s bench, which included Justices Naeem Akhtar Afghan and Shahid Bilal Hassan, initially handled the case. However, Justice Mansoor argued that the case required a larger bench, as it was previously heard by a five-member bench and mistakenly fixed before a three-judge bench.
Justice Mansoor emphasized the importance of an independent and transparent investigation into Sharif’s killing. He stated that the case should be heard thoroughly and at length. During the hearing, Attorney General Mansoor Usman informed the court about a recent Kenyan court ruling related to the case.
Kenyan Court Ruling
Three weeks ago, the Kajiado High Court in Kenya awarded 10 million shillings ($78,000 or Rs21.7 million) in compensation to Sharif’s widow, Javeria Siddique. The court ruled that Kenyan authorities had acted unlawfully and violated Sharif’s right to life. Kenyan police initially claimed Sharif’s killing was a case of mistaken identity. However, Siddique argued it was a “contract killing” orchestrated by an unnamed individual in Pakistan.
Details of the New Bench
The newly constituted five-judge bench includes Justices Muhammad Ali Mazhar, Ayesha Malik, Azhar Rizvi, and Athar Minallah, with Justice Jamal Khan Mandokhail as the head. The Practice and Procedure Committee formed this bench with a 2-1 majority decision. While Chief Justice Qazi Faez Isa expressed his opinion to keep the three-judge bench led by Justice Mansoor intact, Justices Mansoor and Munib Akhtar favored the formation of the new five-member bench.
The bench will begin hearing the Arshad Sharif assassination case as soon as the judges are available for proceedings.
Historical Context
It’s worth noting that former Chief Justice Umer Ata Bandial initially took suo motu notice of Sharif’s murder. A five-member bench headed by him had previously heard the case.