Defence argues Jaffer believed himself to be a non secular chief and regarded the sufferer a sacrificial providing
Pakistani-American Zahir Jaffer (C), convicted of rape and homicide fees, arrives in a court docket in Islamabad. Picture: AFP
ISLAMABAD:
The Supreme Court docket on Thursday dismissed the evaluate petition filed by Zahir Jaffer, the principal convict within the homicide of Noor Mukadam, and upheld its earlier verdict sustaining his loss of life sentence.
Noor Mukadam, 27, the daughter of former diplomat Shaukat Mukadam, was murdered and beheaded in a fancy locality of Islamabad in July 2021. Police had charged Jaffer, a US nationwide and inheritor to the Jaffer Group of Corporations, with the crime.
A 3-member bench headed by Justice Hashim Kakar introduced the choice after listening to arguments for practically 4 hours. The bench additionally rejected a plea in search of the formation of a medical board to evaluate Jaffer’s psychological well being.
In the course of the listening to, Jaffer’s counsel, Khawaja Haris, conceded that Noor had been subjected to grave injustice and apologised to her household.
He mentioned his arguments centred on his consumer’s psychological situation on the time of the incident slightly than disputing his presence on the crime scene. “I settle for that my consumer was current on the scene,” Haris mentioned. “I cannot argue that my consumer didn’t commit the homicide.”
Haris argued that his consumer suffered from psychological sickness and was incapable of correctly understanding or taking part in authorized proceedings.
Referring to materials introduced in the course of the trial, Haris instructed the court docket that studies had steered Jaffer believed himself to be a non secular chief and regarded the sufferer a sacrificial providing. “My consumer is mentally ailing. He can’t even signal correctly,” he argued.
The defence maintained that Jaffer was affected by psychological well being issues, together with bipolar dysfunction, schizophrenia and despair, and had been taking remedy for these circumstances.
Haris argued that the convict’s psychological state was not correctly examined in the course of the trial and famous that remedy had continued to be administered to him in jail. “My query is why the prosecution didn’t conduct a narcotics take a look at on the accused,” he mentioned.
Learn Extra: Noor Mukadam case: SC to listen to Zahir Jaffer’s evaluate petition on April 8
He additional argued that intensive media protection and public commentary in the course of the trial created strain that discouraged investigators from pursuing such testing.
“At the moment, social media was filled with claims that proving the accused was hooked on medicine could be used to avoid wasting him,” he mentioned. He additionally steered that the trial court docket had been influenced by media scrutiny, prompting a response from the bench.
“This court docket neither decides circumstances on newspaper studies nor comes beneath strain from social media,” Justice Kakar responded. The judges repeatedly questioned the defence’s place, asking for proof displaying when Jaffer’s therapy started, whether or not he was present process therapy on the time of the homicide and which medical doctors had recognized him.
Justice Salahuddin Panhwar noticed that the defence gave the impression to be counting on assumptions slightly than documented proof. “You might be saying his psychological situation was not regular on the time of the incident,” Justice Panhwar mentioned. “That might imply you might be successfully validating the identical social media commentary you might be criticising.”
The court docket additionally questioned a letter from London’s Harley Road Clinic submitted by the defence. Justice Panhwar famous that the doc was dated 2022, after the homicide had taken place. “It’s unusual that the accused couldn’t get hold of counsel of his selection, but a letter arrived for him from London,” the decide remarked.
The bench additionally identified that requests to type a medical board had already been rejected throughout trial proceedings and weren’t subsequently challenged earlier than the Islamabad Excessive Court docket. “That matter has already attained finality,” Justice Ishtiaq Ibrahim noticed.
“Assume we settle for that the accused’s psychological situation was not regular. What reduction would you like in evaluate?” Justice Kakar requested. “If a drug take a look at had been carried out, what profit wouldn’t it have offered you?”
Learn Extra: Noor Mukadam homicide: SC dismisses Zahir Jaffer’s enchantment, upholds loss of life sentence
Haris responded that he was not in search of a retrial however a discount in sentence, arguing that every one related details ought to have been thought of earlier than the loss of life penalty was imposed. At one level, Justice Hashim Kakar remarked that had Jaffer retained counsel of Haris’ calibre on the outset, “the accused won’t have needed to see at the present time”.
Advocate Shah Khawar, representing Noor’s dad and mom, opposed the plea and defended the sooner conviction and sentence.
In the course of the listening to, the defence counsel additionally referred to media protection of the case in the course of the trial proceedings, prompting observations from the bench relating to the function of media reporting. “We aren’t sitting right here to take heed to information studies,” Justice Ibrahim remarked.
Justice Kakar famous that media studies and social media commentary typically differed from precise court docket proceedings. “Generally we are saying one factor, and it’s reported otherwise,” he noticed. “Newspapers report one model, whereas vloggers current one thing fully completely different.” Justice Panhwar added that “everybody expresses their very own opinion.”
At one level in the course of the listening to, Justice Kakar remarked that the court docket had postponed different circumstances to listen to the matter, saying, “We have now adjourned all our different circumstances at the moment.”
The listening to included a quick recess, with the court docket indicating its intention to conclude proceedings the identical day. After listening to arguments, the bench dismissed the evaluate petitions and upheld Jaffer’s loss of life sentence.
Whereas chatting with reporters exterior the SC, Noor Mukadam’s father, Shaukat Mukadam, mentioned that the media had supported them all through the authorized course of from the trial court docket to the Supreme Court docket.
He thanked the media for his or her help and mentioned, “I’ll give this message to daughters and younger ladies: elevate your voice towards oppression.”
The case
In February 2022, a district and periods court docket convicted Jaffer of homicide and sentenced him to loss of life, together with 25 years’ rigorous imprisonment and a effective of Rs200,000. His family employees, Iftikhar and Jameel, have been sentenced to 10 years in jail, whereas different accused, together with Jaffer’s dad and mom and workers of TherapyWorks, have been acquitted.
On March 14, 2023, the Islamabad Excessive Court docket upheld Jaffer’s loss of life sentence and transformed his 25-year imprisonment into one other loss of life penalty on fees of rape.
Subsequently, a three-member bench of the Supreme Court docket, headed by Justice Kakar, on Could 20 rejected Jaffer’s enchantment and upheld the loss of life sentence within the case. In an in depth verdict issued in June the identical yr, the apex court docket maintained his conviction for homicide and described him as “a ruthless killer” who was “undeserving of sympathy”.
Nevertheless, whereas upholding the loss of life penalty for homicide, the court docket commuted the loss of life sentence awarded for rape to life imprisonment. Jaffer was acquitted of the kidnapping cost, although his sentence for illegal confinement was maintained.
The court docket additionally upheld the sentences of co-accused Iftikhar and Jameel however ordered their launch on the grounds that they’d already served enough time. The decision famous that Justice Ali Baqar Najafi would add a supplementary observe.
