Noor Mukadam murder case: Zahir Jaffer's parents challenge IHC bail rejection in Supreme Court
No evidence to suggest that Zakir Jaffer and Ismat Zakir knew the intentions of their son Zahir Jaffer, reads petition
October 06, 2021
- Suspect Zahir Jaffer's parents approach Supreme Court for bail.
- Zakir Jaffer, wife Ismat Zakir file an appeal against decision of bail rejection of Islamabad High Court.
- Petition states there is no evidence to suggest that Zahir's parents knew the intentions of their son
The parents of Zahir Jaffer, the prime suspect in the Noor Mukadam murder case, have approached the Supreme Court for bail, Geo News reported Wednesday.
The petition, filed in the apex court by Advocate Khawaja Harris on behalf of Zahir's parents Zakir Jaffer and Ismat Adamjee, asks whether not reporting the "incident" counts as aiding the crime.
The text of the petition stated that the Islamabad High Court (IHC) wrongly reviewed Section 107 of the Pakistan Penal Code.
The petition further stated that there is no evidence to suggest that Zahir's parents knew the intentions of their son and that their bail application cannot be dismissed on the basis of the statement of a co-accused.
The petition said that a complete challan of the case has not yet been presented in the trial court, while the high court went beyond its jurisdiction by directing to complete the trial in two months.
The petition filed in the SC further said that delivering a verdict in two months goes against the rights of the suspects and the principles of a transparent trial.
The police investigation in the Noor Mukadam murder case was one-sided and not impartial, the petition stated further. The defendants will not be able to defend themselves properly in prison, it argued, adding that it is very difficult for them to communicate with their lawyers in prison.
Zahir Jaffer not yet indicted
In a parallel development, the court was unable to indict the suspect today. His lawyers have filed three separate petitions. They said that with the police challan various documentation was not attached and Article 10-A states the importance of a fair trial.
They said that before Jaffer is indicted, the documentation must be attached with the challan.
One of the lawyers contended further that his client has been "unwell for the past three days".
Jaffer, meanwhile, asked the presiding judge what he can expect in the days to come.
He also asked that he be allowed to address the court freely.
The murder
Noor Mukadam, a 27-year-old woman, was raped and murdered with a sharp instrument on July 20 within the limits of the Kohsar police station in Islamabad. A case of murder was later registered at the same police station by Noor's father, former Pakistani ambassador Shaukat Ali Mukadam.
Zahir Jaffer is the prime suspect in Noor Mukadam's murder case. The grisly murder, in which Mukadam was beheaded, took place on July 20 in Islamabad's F-7 area.
The Islamabad police arrested suspect Zahir Jaffer on the night of July 20 from his house where, according to Noor's parents, he killed her with a sharp instrument and severed her head.
The gruesome incident sparked a nationwide campaign seeking justice for her, with #JusticeforNoor becoming a top trend on Twitter.
Islamabad court rejects bail pleas of Zahir Jaffer's parents
Last week, the IHC had rejected the bail pleas of Zakir Jaffer and Ismat Adamjee, the parents of main suspect Zahir Jaffer, in the Noor Mukadam murder case.
The IHC also ordered the trial court to complete the trial within eight weeks. IHC's Justice Aamer Farooq initially delivered a brief verdict. A detailed verdict was released later.
Zakir and Ismat had filed bail petitions in the Noor Mukadam murder case stating that they had nothing to do with Noor's murder, while the police challan presented in court said that if Zahir's parents had informed the police in time, Noor could have been saved.
What does the Islamabad High Court's detailed verdict say?
In its detailed verdict, the IHC ruled that Zahir Jaffer's parents committed the crime of aiding and abetting Noor's murder.
The court said that Zahir's parents knew their son had taken Noor hostage and despite having this information, they did not share it with the police. The watchman had clearly stated that he had informed Zakir Jaffer, the court added.
The detailed judgment also refers to the decisions of the Supreme Court (SC).
The SC has said that aiding and abetting murder is as serious a crime as murder, the IHC said, adding that aiding and abetting a crime can also be direct, for which there is sufficient factual evidence.
According to the Black's Law Dictionary, not doing one's duty is also aiding and abetting, the IHC verdict said.
Zahir Jaffer, the court said, had said in his confessional statement that he had informed his father about Noor. Whether Zahir's statement is acceptable or not is to be decided by the trial court, the IHC said.
