ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday closed its suo motu case regarding the killing of prominent journalist Arshad Sharif in Kenya, ruling that judicial supervision of the investigation was not permissible under Pakistani law.
In a 14-page judgment authored by Justice Aamer Farooq, the court noted that the matter was being addressed through diplomatic channels and a mutual legal assistance (MLA) agreement between Pakistan and Kenya had already been implemented. The court disposed of all pending applications related to the case.
“We acknowledge and share the grief felt by our nation and the journalist community over the death of our citizen,” the judgment stated. It added that Sharif’s legal heirs could approach courts of competent jurisdiction if they had specific grievances.
The FCC emphasized that issuing judicial orders directing the federal government to act internationally would constitute interference in an ongoing investigation and encroach upon the domain of foreign policy, which falls under the Ministry of Foreign Affairs. Article 40, the court noted, obligates the state to “foster goodwill and friendly relations among all nations.”
The judgment also referenced a February 2023 Supreme Court order, which had noted that steps under the MLA were already underway and that diplomatic channels were being pursued actively. Direct recourse to international forums at this stage was deemed inappropriate.
The FCC highlighted several actions taken by the federal government, including the signing of the MLA, telephonic conversations between the Prime Minister of Pakistan and the President of Kenya, formation of a special joint investigation team, diplomatic engagement with Kenyan authorities, and issuance of black warrants. The court also noted that Sharif’s family had pursued remedies in Kenya, including matters pending before the Kenyan Supreme Court.
Sharif was shot in the head by Kenyan police on October 23, 2022, near Nairobi. He had left Pakistan in August 2022 following multiple sedition cases filed against him in various cities.
The FCC had hinted at closing the suo motu proceedings in January 2026, observing that its facilitation had already contributed to the signing of the MLA in September 2025. Last week, one of Sharif’s widows requested the court not to close the proceedings, a plea which the FCC ultimately did not act upon.
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