A High Court in Kenya has ordered payment of Rs. 2 crore 17 lakh as damages to the family of slain Pakistani journalist Arshad Sharif, while also declaring his assassination unconstitutional and illegal. It emphasized that his killing was not a case of mistaken identity and held those government institutions named in the petition responsible.
The court also ordered relevant departments to initiate criminal proceedings against the two police officers involved in the shooting, ruling on the petition filed by the journalist’s wife.
The court also found that the victim’s rights were violated by the failure of the Director of Public Prosecutions (DPP) and the Independent Police Oversight Authority (IPOA) to prosecute two police officers for the fatal shooting. It ordered them to conclude the investigation and charge both officers, along with paying ten million local currency in interest until full payment to the petitioner.
In 2022, Pakistani anchor and journalist Arshad Sharif was killed in Kenya on October 23. Subsequently, Kenyan police admitted that Arshad Sharif’s car was mistakenly hit by police bullets.
Officials stated that the involved policemen were initially detained but later reinstated. Following this, Arshad Sharif’s wife Jawaria Siddique filed a petition against the involved police officers in the Kenyan court.
As the world marks the International Day to End Impunity for Crimes against Journalists, Pakistan’s journalistic community continues to grapple with an alarming surge in violence and impunity.
Several reports have highlighted the deteriorating situation, shedding light on the challenges faced by media professionals in the South Asian nation.
According to the recently released annual report by the Islamabad-based independent media watchdog, Freedom Network, Pakistan has failed to combat the rising impunity of crimes against journalists, painting a grim picture of the state of press freedom in the country.
The report titled ‘One Step Forward, Two Steps Back,’ outlines the harrowing experiences faced by journalists, including incidents of kidnapping, physical assaults, and unjust legal cases.
Pakistan made history in 2021 by passing two special laws to protect journalists.
The Sindh Assembly passed the “Sindh Protection of Journalists and other Media Practitioners Act-2021” while the National Assembly passed “Protection of Journalists and Media Professionals Act-2021” in space of few months.
Azad Jammu and Kashmir, Gilgit-Baltistan, Balochistan, Khyber Pakhtunkhwa, and Punjab have not passed a similar law for their jurisdictions.
According to the Freedom Network’s report at least 37.5 percent of the violations in Pakistan – 93 out of the total 248 cases in the period between August 2021- August 2023 – were recorded in Islamabad alone.
The report further states that during this period there were 11 cases of murders of journalists, plus another 20 unsuccessful assassination attempts.
25 instances of legal cases registered against journalists.
11 cases of abductions, plus another case of an unsuccessful kidnapping attempt.
25 cases of arrests, detentions, or illegal confinements of journalists by the State.
59 cases of physical assaults, 26 of which caused bodily injuries.
05 cases of attacks on the homes of journalists.
30 cases of specific threats of murder or other dire consequences issued to journalists.
59 cases of harassment of journalists.
At least 37.5% of the violations (93 out of a total 248 cases) were recorded in the federal capital Islamabad alone.
Sindh was the second worst with 22.5% of the violations (56 cases) and Khyber Pakhtunkhwa (KP) was a close third at 18.5% (46 cases).
These were followed by Punjab with 17.3% (43 cases), Balochistan with about 2.5% (6 cases), Azad Kashmir (AJK) with 1.2% (3 cases) and Gilgit-Baltistan (GB) with 0.5% (1 case).
The report also cited specific incidents, such as the tragic death of Channel 5 reporter Sadaf Naeem during the coverage of former Prime Minister Imran Khan’s rally in Punjab in October 2022.
The report notes that another Pakistani journalist Ashad Sharif was killed in Kenya on October 23, 2022, and there is still no clarity on his murder.
Pakistan Press Foundation has also documented at least 157 media-related attacks, including 16 instances of arrests, five instances of detention, and 44 cases of assault this year.
Between January and September 2023, PPF has documented at least 157 attacks on the media in connection with their work, including 16 instances of arrests and five instances of detention, 44 cases of assault, two cases of damage to property, four instances of raids, 18 instances of registration of cases against media professionals and two instances of legal action, 26 instances of censorship, 20 instances of harassment of journalists or media practitioners, 13 cases of threats, seven confirmed cases of kidnappings and three unconfirmed cases.
While the country witnessed an improvement in its ranking in the World Press Freedom Index, climbing from 157 in 2021 to 150 in 2023, this progress is overshadowed by the failure to effectively implement the laws designed to protect journalists.
It’s been a year since the demise of senior journalist Arshad Sharif who was killed in Kenya. The culprits, however, are still at large and the family awaits justice.
The investigation so far has been futile. According to a Kenyan investigative journalist Nyaboga Kiage, five policemen involved in the case were initially suspended and have now resumed their duties without facing any liability. Two of them have been promoted.
Pakistan Investigative journalist @arsched died 315 days ago and in Kenya no-one wants to talk about it. He was shot dead at a time when he had made it public that his life was in danger. Tomorrow, in the Daily Nation read why @PakPMO wont be coming to Kenya pic.twitter.com/4WkMLccWsE
Sharif’s death made headlines across the globe. On his first death anniversary, his family and colleagues are remembering him and pressing hard for justice. Journalism organisations are holding prayer ceremonies in his honour, where well-wishers are paying their respects and reflecting on the impact he had on the field.
Sharif’s wife Javeria Siddique remembers the last twelve months as “last year took away my life”. She stated the struggles she is going through to get justice.
Last year taken away my every happiness. Killing of my beloved husband changed my life. I am fighting alone for justice and this battle is so hard. I have my deep concern over Kenyan and Pakistani authorities failure to fully investigate and provide a credible account of the… pic.twitter.com/pJU9XMwdl8
Sharif’s former boss Salman Iqbal recalled his last conversation with the late journalist, saying, “bhai we are here to make this world a better place and we shall do what we were created for.”
Exactly a year ago tonight i received a phone call which changed my life for ever. It was about my brother Arshad Sharifs assassination in Kenya. Having been in the news business for over 23 years this was a story which was the most difficult one to break , should i tell the…
Fellow journalist Murtaza Ali Shah tweeted, “One year after assassination in Kenya, no justice for Arshad Sharif. Cops involved in firing bullets at him are back to their work.”
Journalist Jameel Farouqi remembered him as a “big brother” and appreciated Sharif for his “sense of humour”
وہ بڑے بھائی بھی تھے اور استاد کا درجہ بھی رکھتے تھے ، احترام کا رشتہ بھی تھا اور حسِ مزاح بھی خوب تھی ، وہ کوئی عام صحافی نہیں تھے ، شہید ارشد شریف بھائی اپنے آپ میں ایک عہد تھے جو وقت سے پہلے تمام ہوا – اُن کی برسی کے موقع پر تمام دوستوں سے ایصال ثواب کی درخواست… pic.twitter.com/VqljQhqGQF
Arshad’s colleague Kashif Abbasi still “can’t believe” he has lost his friend. It’s beyond ‘heart-breaking” for him.
My brother,my friend my colleague arshad shareef was shot dead in Kenya..I still can’t believe it. It’s beyond heart breaking.this is just wrong.. this is painful.. I love u brother
Caretaker PM Kakar, in his meeting with Kenyan President Dr. William Ruto, when Kakar was in China last week, also asked for the process of investigation to be expedited.
Sharif’s wife has already registered a case against the Kenyan Police in a Nairobi court.
Javeria Siddique, the wife of Pakistani journalist and anchor Arshad Sharif who was killed in Kenya in 2022, has filed a petition in the Nairobi High Court on Thursday against the Kenyan police officials named in her husband’s murder case.
Arshad Sharif was killed in Kenya on October 23 last year. The Kenyan police admitted at the time that Arshad’s car came under fire due to ‘mistaken identification’.
After arresting the policemen involved in the incident, recent media reports have told of their reinstatement.
Javeria has approached the court in Nairobi following this news, confirming in a conversation with Independent Urdu that an application has been filed in the High Court.
According to Javeria: “GSU (Journal Service Unit) has been made a party to the petition filed. His accomplices include five police officers who were named in the murder case.
In addition, the Attorney General of Kenya, the Director of Public Prosecutions, the IG National Police Service, the Independent Police and the National Police Service Commission have been made parties.”
She further stated that she is the petitioner herself and is accompanied by the Kenya Union of Journalists, Kenya Correspondence Association. Apart from this, four international organisations, ICFJ, IWMF, Media Defense and Women Journalism are also included which will provide all kinds of support.
She said that she got the idea of filing the application in Kenya because there has been no progress in the case in Pakistan.
“No one has been arrested or punished in Kenya. When a nuclear state will not make any effort for any of its individuals, individual efforts have to be made,” she stated.
“Individually, I have hired a lawyer to file the application because practising law in another country is difficult”, she added.
Javeria Siddique also said that filing the application in Kenya was difficult and that no help was granted from Arshad’s friends except from international organisations, adding that there has been no progress in the case in the Supreme Court in Pakistan for two months because “the government had no intention to do so”.
The proceedings of senior journalist Arshad Sharif’s murder trial have been put to halt in District and Sessions Courts Islamabad.
According to the details reported by Samaa news, witnesses have failed to appear and there is a lack of interest on their behalf; and so the case’ file was sent to the record room.
Judicial Magistrate Abbas Shah issued the written decision of the previous hearing.
According to the decision, on March 16, the court received a challan of Penal Code Section 512 in the Arshad Sharif murder case. On April 5, the court summoned witnesses to record their statements. They were summoned several times, but no one appeared.
The court says that they are not interested in recording the statements of the witnesses in the Arshad Sharif murder case; the prosecution was given an opportunity to submit evidence 15 times. And so, at the previous hearing, the prosecution was given notice that perhaps the file should be sent to the record room. According to the prosecutor, private and official witnesses are not coming to the court to record their statements.
In the judgement, it has been said that the prosecution can file an application for a new date considering the appearance of the witnesses, till further orders the Arshad Sharif murder case file is sent to the record room.
Geo news has been investigating journalist Arshad Sharif’s murder case. In their latest update, Geo has revealed that the five Kenyan police officers involved in the killing have resumed duties without any action taken against them.
A security source also told Geo that the two of the shooters have been promoted to senior ranks.
Kenya’s Independent Policing and Oversight Authority (IPOA), investigating the conduct of police officers and after Sahir’s murder, had assured authorities of giving updates on Sharif’s murder within weeks but more than nine months later, no findings have been made public.
IPOA had said in a statement that “We shall give an update on the matter once we are done with the investigations”.
The authority’s spokesperson neither provided a timeframe nor responded as to why the watchdog has taken so long and why the police officers have been absolved of any accountability.
Geo further reported that IPOA had submitted its file to the Office of the Director of Public Prosecution (DPP) but it was returned back and gaps were asked to be filled before the prosecution began.
According to a Geo News, “Investigations into the murder of the journalist seem to have gone silent in the East African country”.
A police officer attached to the General Service Unit (GSU), Kevin Kimuyu Mutuku, was allegedly shot at the time of Sharif’s killing.
The police officer rejoined work right after he was discharged from hospital. He has claimed that was shot and wounded when bullets were fired from inside Sharif’s vehicle but the forensic investigation showed he was lying.
Geo reports that a trusted Kenyan intelligence source, who chooses to remain anonymous, said that the National Police Service (NPS) in Kenya had slackened on Sharif’s investigation because “it involved its members and the body allowed to carry out such investigations was IPOA”.
“The police cannot investigate themselves and for that matter IPOA is expected to issue their findings. However, the police also have their own file on the same matter just in case,” said the investigator who has internal details of the matter.
According to Kenya’s Human Rights Commission member Martin Mavenjina, “Unfortunately, Kenya does not have a law that gives police officers timeliness whenever they are doing an investigation. When Arshad Sharif died things looked promising that the police would take action and would find facts — until they just came to a halt and everything went silent from the Kenyan side,” he said.
Geo investigations have also found that the police has conducted a parallel investigation of Arshad Sharif’s murder case but the findings are yet to be made public.
“The police investigations are on hold for now,” said Kennedy Kirwai, the investigating officer in the case.
The case is being pursued back in Pakistan too. Sharif’s family has asked the former Islamabad High Court judge Shaukat Siddiqui to take up their case.
The advocates say that Kenya is cordial with Pakistan but the Kenyan authorities have not been cooperative in the investigations. “I have no doubt in my mind that Kenyan Police were privy to this planned murder. It is so painful for the family of Arshad Sharif that even those officials who played the role of hired assassins have been let free and brought back to their ranks. Unfortunately, due to non-cooperation and having over the two suspects of Pakistani origin, investigation of the case has badly been jeopardised. In my opinion, now is the time for the Govt of Pakistan to take up the matter with the United Nations (UN),” said Siddiqui.
Caretaker Prime Minister Anwaar-ul-Haq Kakar is set to visit Kenya next month at the invitation of Kenyan President Dr William Samoei Ruto. He will be accompanied by Caretaker Foreign Minister Jalil Abbas Jilani and other cabinet members and advisors.
Aleeza Arshad, the daughter of slain journalist Arshad Sharif, has entered the field of journalism as a reporter.
Aleeza decided to enter the profession because she was inspired by her father’s passion for investigative journalism.
Her decision to choose journalism as a profession has been welcomed by admirers and colleagues of her late father, who was killed in 2022 by unknown gunmen in Kenya.
Pakistan Tehreek-e-Insaf (PTI) leader Shehbaz Gill shared Aliza’s TV report on his Twitter account and expressed best wishes for her future.
Social media users also welcomed Aliza to the realm of journalism.
The Supreme Court of Pakistan (SCP) has discarded the petition of slain journalist Arshad Sharif’s mother to add Chairman of Pakistan Tehreek-e-Insaf (PTI) Imran Khan, head of ARY Salman Iqbal, former minister Murad Saeed, former minister Faisal Vawda and senior journalist Imran Riaz Khan to the investigation.
The Supreme Court stated that the request of involving these persons can be made to Joint Investigation Team (JIT) instead.
The Supreme Court has issued a written order, stating that the lawyer of Arshad Sharif’s mother had requested the court to conduct an investigation involving the aforementioned five people. The court dismissed the application, declaring it inadmissible and further stated that the request can be made to the JIT. The petition submitted by the lawyer also stated that it is a request to Supreme Court to order the chief of JIT to include these five persons in the investigation.
Slain journalist Arshad Sharif’s murder case took a surprising twist on Thursday when the anchor’s mother filed a petition in the Supreme Court (SC) seeking to include Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the investigation into her son’s murder.
Other than the former Prime Minister, Arshad Sharif’s mother has requested that Faisal Vawda, Murad Saeed, Salman Iqbal and Imran Riaz Khan be made part of the investigation into Sharif’s killing.
Arshed Sharif’s mother through her counsel has requested the Supreme Court to direct Special JIT for examining five individuals including Imran Khan who are claiming about the persons who were involved in the murder of senior journalist. pic.twitter.com/5U1eWpejc2
A five-member bench headed by the Chief Justice will hear the case. The Attorney General, Ministry of External Affairs, and special JIT have received notifications from the Supreme Court.
Arshad Sharif was shot dead by Kenyan police on Oct 23, 2022, in what was described as a case of mistaken identity.
In 2022, we collectively experienced episodes that turned Pakistan upside down. Many incidents shook the entire nation, some of them worth condemnation. Significant happenings shook the world of politics, from Prime Minister Imran Khan getting removed through a no-confidence motion to the ugly fight between Pervaiz Elahi and Hamza Shehbaz for Punjab’s Chief Minister (CM) seat.
After a year full of constitutional crises in Pakistan, we hope that we don’t witness another year full of drama.
Another Prime Minister not completing his constitutional term
For the first time in the history of Pakistan, a sitting prime minister was removed through a no-confidence motion. In April, PM Imran Khan was removed after being the head of government for more than three years. In the 75-year-long history of Pakistan, not a single Premier stayed for their full term. We hope that next time when the public chooses their leader, he or she gets to keep their promise and serve their full term.
Politicians not getting harassed
Right after the formation of a new government, in April, a group of Pakistani pilgrims accosted, heckled and chanted slogans against incumbent PM Shehbaz and his entourage at the Masjid-e-Nabwi in Madina during their three-day visit to Saudi Arabia. Such incidents continued happening throughout the year. Information Minister Marriyum Aurangzeb was heckled at a coffee shop in London. Minister for Planning and Development Ahsan Iqbal was harassed by PTI supporters at a restaurant while Finance Minister Ishaq Dar was heckled by unidentified people in Washington DC. It was observed that a particular party was being targeted. Whether these incidents happened because of a false narrative or not, no one has the right to harass someone.
Not making public figures a target of gun
This year, we also saw how some of our public figures remain targeted. In the second half of the year, two unfortunate incidents took place. On October 23, senior anchorperson Arshad Sharif was shot dead near Nairobi, Kenya, by the local police. The local law enforcing authorities termed the killing, calling it a case of ‘mistaken identity’. However, some termed it an assassination. Till now, authorities are unable to find the real culprits. Almost a week later, on November 3, Imran Khan survived an assassination attempt on day seven of PTI’s ‘Haqeeqi Long March’ as his container moved through Punjab’s Wazirabad. Salman Taseer, Benazir Bhutto Shaheed, Shahbaz Bhatti; how many assassinations do we have to witness?
No more constitutional crisis
We saw legislators getting into a brawl in Punjab Assembly over the CM seat. The beginning of summer wasn’t good for Pakistan as in April a scuffle between treasury and opposition benches in Punjab Assembly took place, resulting in PML-Q leader and Punjab Assembly Speaker Pervaiz Elahi getting injured. The same day, PML-N’s nominee Hamza Shehbaz was elected as CM, however, later the Supreme Court struck down Deputy Speaker Dost Muhammad Mazari’s ruling on the election. Later, Pervaiz Elahi took over the CM seat, however, he doesn’t enjoy a great majority in the Assembly.
Terrorism wave in Pakistan
Just when we thought that terrorism has finally ended, attacks started escalating. Currently, the capital is on high alert because of extreme threats. In late November, Tehreek-e-Taliban Pakistan (TTP) said that they had called off a ceasefire with the federal government and ordered its militants to stage terrorist attacks across the country. On December 23, a suicide bomb shocked the residents of Islamabad— which is considered one of the safest cities in Pakistan. After dealing with terrorism for decades, Pakistanis dont want to start living again in fear.
