Summary: (a) Constitution of Pakistan, 1973 ----Art. 184(3)---Art. 175E(4)---Art. 10A---Art. 90---Art. 40---Suo motu proceedings---Transfer to Federal Constitutional Court---Scope of original jurisdiction Murder of Pakistani journalist abroad---Suo motu taken by Supreme Court under Art.184(3)---Matter transferred after Constitution (Twenty-Seventh Amendment) Act, 2025---Held, proceedings concerned ensuring fair, independent and transparent investigation; right to fair trial under Art.10A extends to investigation stage and requires collection of evidence holistically, including material supporting defence as well as prosecution---However, court’s role is limited and cannot extend to continuous monitoring or supervision of investigation, particularly where no allegation of impropriety in investigation is pressed and the concern relates mainly to pace owing to coordination with another sovereign State. (b) Criminal Procedure Code, 1898 ----S. 4(1)(l)---Definition of “investigation”---Collection of evidence by police officer/authorized person (other than Magistrate)---Judicial restraint Court supervision of investigation---Limits---Held, investigation is a statutory inquisition for collection of evidence by police; continuous court control/supervision not contemplated and generally impermissible---Conduct and manner of investigation not to be scrutinized under constitutional jurisdiction as it amounts to interference and substitution of police function; courts and police perform complementary, not overlapping, roles---Exceptional circumstances for interference confined to limited categories (e.g., habeas corpus, mala fide investigation, lack of jurisdiction/excess of authority) and grievances may be pursued before competent forums. Cited Cases: • Ajmeel Khan v. Abdur Rahim, PLD 2009 SC 102 • Malik Shoukat Ali Dogar v. Ghulam Qasim Khakwani, PLD 1994 SC 281 • Fahad Ahmed Gulzar v. ASI/IO Saeed Mahroof, 2025 PCrLJ 1140 (c) Constitution of Pakistan, 1973 ----Art. 10A---Fair trial and due process---Investigation stage---Independence and transparency Fair trial---Commencement from investigation---Held, Art.10A protection begins from inception of investigation, requiring independent investigator and enabling environment free from undue pressure---Nevertheless, court’s continuous oversight may prejudice accused and undermine fairness of procedure; judicial monitoring of investigation therefore disfavoured. (d) Constitution of Pakistan, 1973 ----Art. 90---Executive authority of Federation---State’s obligation to protect citizens’ rights---Government measures abroad Federal Government’s role---Diplomatic and investigative steps---Held, Federal Government, acting through executive authority, undertook measures including constitution of Special Joint Investigation Team (SJIT), liaison with foreign authorities, engagement with prosecutorial offices in Kenya and facilitation through Ministry of Foreign Affairs---Court noted no objection by any party to SJIT or fact-finding process/method, and no allegation of impropriety; primary concern related to pace due to need for coordination with another sovereign State. (e) Mutual Legal Assistance (Criminal Matters) Act, 2020 ----Ss. 2(1)(c), 4, 7---Central authority (Secretary, Ministry of Interior)---Request to foreign state---Admissible evidence and cooperation Mutual legal assistance framework in Pakistan---Held, 2020 Act provides statutory mechanism for MLA in criminal matters through designated central authority empowered to make requests to foreign authorities for investigation/proceedings---Request made to Kenya and agreement executed; once MLA process invoked, central authority exercises powers relating to request under the Act, and investigation proceeds within the statutory framework, reducing scope for judicial interference. (f) Kenya Mutual Legal Assistance Act, 2011 ----Ss. 5, 6---Kenyan central authority (Office of Attorney General)---Handling foreign requests Bilateral cooperation---Held, Kenya maintains corresponding statutory framework empowering its central authority to act on MLA requests---Where both States possess legal frameworks and are coordinating under MLA, courts ought not to interfere when law and investigation are taking their due course and sovereign processes are engaged. (g) Constitutional law and foreign policy ----Art. 40---Principles of policy---International forums---Separation of functions Direction to pursue international fora---Held, judicial orders directing State to raise matter in international forums would encroach upon foreign policy domain and interfere with ongoing MLA-based investigative process; handling of foreign relations is for Federal Government/MoFA to determine what is appropriate in international context; issue left to executive’s judgment, with note that recourse could be considered if need arises. (h) Criminal law ----Pakistan Penal Code, 1860---Ss. 302/34---FIR registered in Pakistan for murder abroad---Inter-state coordination Registration of FIR and domestic steps---FIR registered under sections 302/34 PPC at P.S. Ramna, Islamabad as produced before Supreme Court---SJIT constituted to investigate and coordinate with Kenyan counterparts; court noted ongoing diplomatic and legal steps including warrants and MLA cooperation, without making findings on merits of evidence so as not to prejudice any future trial. Disposition: Suo moto proceedings disposed of; all pending applications disposed of; Court declined to keep proceedings pending for continuous supervision/monitoring of investigation and declined to issue directions concerning international fora, noting MLA process and diplomatic coordination underway; legal heirs left at liberty to approach courts/forums of competent jurisdiction in case of specific grievance (Suo Moto Case No. 3 of 2022, heard 14.01.2026).