Islamabad: The Supreme Court resumed the hearing of Zahir Jaffer’s appeal against his death sentence in the Noor Mukadam murder case on Monday. Justice Hashim Kakar led the three-member bench, alongside Justices Ishtiaq Ibrahim and Ali Baqar Najafi.
Justice Kakar remarked, “A girl was brutally murdered.” He stressed that courts must not delay justice. “It shouldn’t be that we admit an appeal for a preliminary hearing and then don’t hear it. People remain on death row for 10 years — this will not happen anymore,” he added.
Justice Najafi commented on flaws in the legal process. “Our system is such that parties know everything,” he said, highlighting how parties often understand the full case facts early on.
Justice Ibrahim noted that deciding such cases is a “trial of the judges who conduct the proceedings.”
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Defence Argues Mental Health, Case Delays
Zahir Jaffer’s lawyer, Salman Safdar, presented his client’s medical history dating back to 2013. He stated that Jaffer was handed three punishments: a death sentence for murder, life imprisonment for rape, and 10 years for kidnapping.
Safdar pointed out that the Islamabad High Court (IHC) had later converted the life sentence for rape into a death sentence. He argued that the trial court failed to justify giving a lighter punishment initially.
He also raised objections to how the case was handled. According to Safdar, the original FIR only mentioned murder. Charges of rape and kidnapping were added 22 days later.
He highlighted gaps in the evidence. “The crime happened at Jaffer’s residence, but no forensic proof from the crime scene was provided,” Safdar argued. He noted that the FIR was filed at 11:30 pm, about 90 minutes after the crime. The post-mortem, conducted the next morning, confirmed the time of death as 12:10 am.
Key Witnesses and Video Evidence Disputed
Safdar questioned the prosecution’s reliance on CCTV footage. He mentioned that a photogrammetric test was conducted on Jaffer. He also referenced former Chief Justice Asif Saeed Khosa’s rulings on audio-video verification and the controversial verdict involving Judge Arshad Malik’s video scandal.
Justice Kakar said the bench had already relied on that verdict in their review of the evidence.
Safdar argued that the prosecution relied mostly on state witnesses. Justice Kakar responded: “According to you, there is no eyewitness. All evidence is circumstantial.”
Justice Kakar also noted, “The girl was murdered in the presence of six to seven people.” The complainant’s lawyer added that employees of Therapy Clinic were nominated as suspects for hiding facts.
Hearing Adjourned
The bench adjourned the hearing until tomorrow morning, with more arguments expected from both sides. The high-profile case continues to draw national attention.
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