Supreme Court's five-judge bench constituted to hear Arshad Sharif's suo motu case

• Top court's bench-forming body constitutes 5-judge bench.
• New bench to hear Arshad Sharif suo motu case, says body.
• Bench to be headed by Justice Jamal Khan Mandokhail.

The Practice and Procedure Committee of the Supreme Court on Thursday formed a larger bench to hear a suo motu case of the murder of journalist Arshad Sharif who was killed by the police at a roadblock in the Kenyan town of Kajiado nearly two years ago.

The development came after the top court's bench led by Justice Mansoor Ali Shah on Monday (July 29) referred the suo motu case of the slain journalist to the three-member committee for constituting a larger bench.

Giving justification for his decision to refer the case to the committee, Justice Mansoor had argued that the case was earlier heard by a five-member bench, adding that it seemed the matter had been mistakenly fixed before his bench of three judges.

The Justice Mansoor-led bench — comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan — heard the case regarding an independent and transparent investigation into the killing of Arshad Sharif.

During the hearing, Justice Mansoor had said that the matter did not come before a three-member committee, constituted under the Supreme Court (Practice and Procedure) Act 2023, that decides about the constitution of a bench for hearing a suo motu case.

He had also asserted that the matter was very important and hence it should be heard at length. 

To a question, Attorney General Mansoor Usman told the court that the Kenyan court had also announced its verdict on the matter at hand.

The Kenyan court, the Kajiado High Court, three weeks ago awarded 10 million shillings ($78,000 or Rs21.7 million) in compensation to Sharif's widow after hearing her petition.

The court ruled that the Kenyan authorities had acted unlawfully and violated Sharif's right to life.

After killing the journalist two years ago, the Kenya police had argued that his killing was a case of mistaken identity. However, his widow, journalist Javeria Siddique, repudiated their claim and launched a petition at the Kajiado High Court, arguing that it was a "contract killing" carried out on behalf of a certain unnamed individual in Pakistan.

In today's development, the apex court's committee decided that the five-judge large bench comprising Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Azhar Rizvi and Justice Athar Minallah will be headed by Justice Jamal Khan Mandokhail to hear the suo motu case.

The Practice and Procedure Committee formed the bench with a 2-1 majority decision, sources said, adding that Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa expressed his opinion to keep the three-judge bench led by Justice Mansoor intact.

However, Justice Mansoor and Justice Munib Akhtar favoured constituting a new five-member bench led by Justice Mandokhail, said the sources.

The newly constituted bench will hear the Arshad Sharif assassination case as soon as judges are available for the proceedings, the sources added. 

It is pertinent to mention here that former chief justice Umer Ata Bandial had taken suo motu notice of the murder of the journalist and later on a five-member bench of the apex court headed by him had heard the case.