SC asks if Noor Mukadam’s unnatural death being made controversial

ISLAMABAD: The Supreme Court (SC) was informed on Monday that the trial court in Noor Mukadam murder case failed to assess properly the mental condition of Zahir Jaffer at the time of committing crime.

A three-member SC bench, headed by Justice Muhammad Hashim Khan Kakar, heard the appeal of Zahir Jaffer, who was convicted twice with death sentences in the high-profile Noor Mukadam murder case.

During the hearing, Salman Safdar, counsel for the appellant, argued before the court that Zahir was mentally unstable at the time of the crime and that the trial court had failed to properly assess his mental condition.

The court questioned whether the defence was trying to make an unnatural death controversial, noting that a young girl was brutally murdered and both parties usually know the full facts, adding that it’s the trial judges who decide.

Salman Safdar presented to court Zahir’s medical history dating back to 2013, arguing that he was sentenced to death for murder, life imprisonment for rape, and 10 years for abduction. He noted the Islamabad High Court had increased the rape sentence to death, criticising the trial court for not explaining why it awarded a lesser sentence.

He argued the initial FIR was only for murder, and charges of abduction and rape were added 22 days later. The counsel claimed the crime scene, Zahir’s home, had not presented evidence and that the post-mortem showed Noor died at 12:10am, with the murder FIR filed at 11:30pm.

He also pointed out that Amjad, an injured person at the scene, was made an accused instead of a witness, adding that the case relied heavily on CCTV footage and included a photogrammetric test of the accused.

Referencing the controversial video scandal involving late judge Arshad Malik, the counsel also brought up a recent PTI-related case involving similar video evidence. Justice Hashim Kakar remarked that even statements made in the Kaaba would be hard to prove under such evidentiary standards.

Salman Safdar further submitted that the murder weapon — a small knife — lacked the accused’s fingerprints, and that all witnesses besides Noor’s father were state witnesses. Justice Kakar noted that there was no eyewitness and all evidence was circumstantial. He warned that relief would only be granted if justified.

Justice Kakar added that Noor was murdered in the presence of 6 to 7 people, and that Therapy Clinic’s staff were made accused for hiding facts. Meanwhile, after the court resumed hearing after interval, Salman Safdar reiterated his client’s mental instability and faults in the medical examination. Justice Kakar responded that such objections should’ve been raised earlier.

Salman Safdar submitted that the entire case was based on CCTV and DVR footage and criticised the post-mortem for omitting wound size details. Later, the court adjourned the matter for Tuesday (today).