ISLAMABAD: Zakir Jaffer and his spouse Asmat Zakir Jaffer, parents of Zahir Jaffer, the prime accused in the Noor Mukadam murder case, on Wednesday filed petitions in the Supreme Court for post-arrest bail, challenging the Islamabad High Court order rejecting their bail plea last week.
The parents filed their petitions through advocate Khwaja Haris under Article 185(3) of the Constitution, seeking leave to appeal against the order passed by the Islamabad High Court on September 29, refusing post-arrest bail to them. The Islamabad High Court on September 29 had rejected the bail petition of Zahir's parents and ordered that the trial against them be completed within eight weeks.
On Wednesday, the parents in their separate petitions prayed to the Supreme Court to allow their titled petitions while converting the same into appeal, saying that the order passed by the Islamabad High Court on September 29 may kindly be set aside and they may be released on bail.
The parents contended that given the fact that the investigation is complete, no useful purpose will be served in keeping them incarcerated during the trial, especially since the case against them is not based on any tangible evidence, rather the allegation against them are highly speculative and the case against them is visibly of first impression. They contended that under the given circumstances, the continual incarceration of them is in breach of the principle that no one is to be punished without a trial.
They submitted that their incarceration in the instant case is likely to seriously hamper them in having free access to their counsel for proper instructions and preparations for their defence. They contended that no arguments on the questions of preferring conclusion of trial within eight weeks was solicited from the parties during the course of hearing of the bail petitions. The impugned order denying bail to the petitioners is in effect arbitrary, capricious, based on unsubstantiated conjectures and surmises.
They submitted that they were ready to furnish bail bonds to the satisfaction of the august court.
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