Islamabad: Supreme Court (SC) Constitutional bench has given one month for ratification of the mutual legal assistance agreement with Kenya in Arshid Sharif murder case.
The court has sought copy of decision issued by Kenya court from petitioner.
A six-member constitutional bench, headed by Justice Aminuddin Khan, heard the suo motu case regarding the murder of Arshad Sharif. The bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Naeem Akhtar Afghan, Justice Hasan Azhar Rizvi, and Justice Shahid Bilal.
Justice Amin ud Din Khan remarked we are not in support of JITs because it is not beneficial. Our concern is this as to so much delay has occurred in Arshid Sharif case despite lapse of such long period.
Justice Jamal Mandokhail inquired woman is contesting case alone in Kenya.
Justice Muhammad Ali Mazhar inquired about who sent the summary to the President.
The additional AG responded that the Ministry of Interior would send the summary to the President after cabinet approval. He mentioned that he has not been able to contact the Ministry of Interior, to which Justice Muhammad Ali Mazhar remarked that the Ministry of Interior officials are present in the court.
The Joint secretary of the Interior Ministry informed the court that the note was sent to the Ministry of Foreign Affairs after cabinet approval on February 27.
Justice Muhammad Ali Mazhar asked whether the President could reject the agreement. The legal advisor of the Ministry of Foreign Affairs declined to comment on the matter.
The lawyer representing Arshad Sharif's second widow, Javeria Siddique, appeared in court and stated that the High Court in Kenya had ordered action against the officials involved in the murder. The Kenyan government has filed an appeal against the decision, and the Pakistani government has not become a party to the case or provided any support.
Justice Jamal Mandokhail remarked that the woman was fighting the case alone in Kenya, and asked what problem the government had in assisting her there.
Attorney general argued access to scene is not being provided to government. Becoming party will not resolve the matter because access is must for investigation. Access will be possible only when mutual legal assistance agreement was in place.
Statements of more than 30 persons have been recorded.
Justice Muhammad Ali Mazhar remarked suo motu notice is pending since several years.
Counsel for mother of Arshid Sharif said government had conducted fact finding on the matter.It is requested copy of fact finding be provided.
Additional Attorney General said this all issue has already been created before coming of fact finding report in media.
SC constitutional bench adjourned the hearing of the case for one month.