• MLA treaty with Kenya yet to be ratified, law officer tells court
• Bench asks why govt isn’t helping journalist’s widow pursue case
ISLAMABAD: The federal government on Friday told the Supreme Court’s Constitutional Bench (CB) that it was still awaiting ratification of the Mutual Legal Assistance (MLA) treaty — signed by Pakistan and Kenya on Dec 12, last year for investigations into the tragic killing of journalist Arshad Sharif.
The six-judge bench, headed by Justice Aminuddin Khan, expressed annoyance over slow progress in the journalist’s murder case when AAG Chaudhry Aamir Rehman sought another month, and said the interior ministry was told on Feb 27 to take with some necessary steps to implement the agreement.
The law officer said the MLA agreement was designed to seek formal assistance from Kenya to gain access to murder suspects, but its ratification could not be secured to date.
The court was assured that President Asif Ali Zardari would sanction the agreement in a month or so, adding that the necessary process was underway. Ex-CJP Umar Ata Bandial had taken suo motu notice of the murder and initiated proceedings in 2022.
The bench regretted that the agreement was signed in Dec 2024, even then its ratification was awaited. “Should the court seek a progress report on a daily basis in the matter,” Justice Jamal Khan Mandokhail asked.
Justice Muhammad Ali Mazhar wondered why more time is being sought, when three months had already passed since the last hearing.
Justice Syed Hasan Azhar Rizvi also questioned why the government was not supporting the family of the journalist, who was brutally murdered in Kenya.
Justice Mandokhail asked why the interior ministry was approached on Feb 27, when the case was last heard in December. At this, the joint secretary of the interior ministry told the court that it had written a note to the foreign ministry for mutual legal cooperation.
At the previous hearings, the court was told that an MLA agreement was being developed at the request of the Kenyan government, after which a visit of the special JIT would be fruitful, as officials could have access to the suspects believed to be behind the assassination.
Justice Aminuddin Khan observed that the court was concerned about further delays in the investigation, when so much time had already been wasted.
When Justice Mazhar asked who would send the summary to the president, the AAG said the interior ministry would furnish the summary after cabinet’s approval, but that he had been unable to approach the interior ministry.
An interior ministry representative then explained that after cabinet approval on Feb 27, the interior ministry had already sent a formal note to the Foreign Office. When Justice Mazhar asked if the president could also reject the summary for ratification, a legal adviser to the foreign ministry said he could not comment on this.
Appeal against Kenyan court decision
Appearing before the bench, Javeria Siddique, the second widow of the journalist, highlighted that the Kenyan High Court had already issued an order for action against the officials involved in the murder of her husband.
The Kenyan government later moved an appeal against the decision, whereas the Pakistan government had not become a party in the case, she said.
Justice Mandokhail observed that a woman was fighting a case alone in Kenya, and asked what kept the Pakistani government from supporting her.
The AAG explained that the problem would not be solved by becoming party to the case, as access to the crime-scene was necessary for the probe and the government was not getting access to the crime-scene. Access would only be possible through an MLA, he said, reminding the court that statements of more than 30 individuals had already been recorded in Pakistan.
The case was then adjourned for another month.
Published in Dawn, March 8th, 2025
