Defence argues Jaffer believed himself to be a spiritual leader and considered the victim a sacrificial offering
Pakistani-American Zahir Jaffer (C), convicted of rape and murder charges, arrives in a court in Islamabad. Photo: AFP
ISLAMABAD:
The Supreme Court on Thursday dismissed the review petition filed by Zahir Jaffer, the principal convict in the murder of Noor Mukadam, and upheld its earlier verdict maintaining his death sentence.
Noor Mukadam, 27, the daughter of former diplomat Shaukat Mukadam, was murdered and beheaded in a posh locality of Islamabad in July 2021. Police had charged Jaffer, a US national and heir to the Jaffer Group of Companies, with the crime.
A three-member bench headed by Justice Hashim Kakar announced the decision after hearing arguments for nearly four hours. The bench also rejected a plea seeking the formation of a medical board to assess Jaffer’s mental health.
During the hearing, Jaffer’s counsel, Khawaja Haris, conceded that Noor had been subjected to grave injustice and apologised to her family.
He said his arguments centred on his client’s mental condition at the time of the incident rather than disputing his presence at the crime scene. “I accept that my client was present at the scene,” Haris said. “I will not argue that my client did not commit the murder.”
Haris argued that his client suffered from mental illness and was incapable of properly understanding or participating in legal proceedings.
Referring to material presented during the trial, Haris told the court that reports had suggested Jaffer believed himself to be a spiritual leader and considered the victim a sacrificial offering. “My client is mentally ill. He cannot even sign properly,” he argued.
The defence maintained that Jaffer was suffering from mental health disorders, including bipolar disorder, schizophrenia and depression, and had been taking medication for those conditions.
Haris argued that the convict’s mental state was not properly examined during the trial and noted that medication had continued to be administered to him in prison. “My question is why the prosecution did not conduct a narcotics test on the accused,” he said.
Read More: Noor Mukadam case: SC to hear Zahir Jaffer’s review petition on April 8
He further argued that extensive media coverage and public commentary during the trial created pressure that discouraged investigators from pursuing such testing.
“At that time, social media was full of claims that proving the accused was addicted to drugs would be used to save him,” he said. He also suggested that the trial court had been influenced by media scrutiny, prompting a response from the bench.
“This court neither decides cases on newspaper reports nor comes under pressure from social media,” Justice Kakar responded. The judges repeatedly questioned the defence’s position, asking for evidence showing when Jaffer’s treatment began, whether he was undergoing treatment at the time of the murder and which doctors had diagnosed him.
Justice Salahuddin Panhwar observed that the defence appeared to be relying on assumptions rather than documented evidence. “You are saying his mental condition was not normal at the time of the incident,” Justice Panhwar said. “That would mean you are effectively validating the same social media commentary you are criticising.”
The court also questioned a letter from London’s Harley Street Clinic submitted by the defence. Justice Panhwar noted that the document was dated 2022, after the murder had taken place. “It is strange that the accused could not obtain counsel of his choice, yet a letter arrived for him from London,” the judge remarked.
The bench also pointed out that requests to form a medical board had already been rejected during trial proceedings and were not subsequently challenged before the Islamabad High Court. “That matter has already attained finality,” Justice Ishtiaq Ibrahim observed.
“Assume we accept that the accused’s mental condition was not normal. What relief do you want in review?” Justice Kakar asked. “If a drug test had been conducted, what benefit would it have provided you?”
Read More: Noor Mukadam murder: SC dismisses Zahir Jaffer’s appeal, upholds death sentence
Haris responded that he was not seeking a retrial but a reduction in sentence, arguing that all relevant facts should have been considered before the death penalty was imposed. At one point, Justice Hashim Kakar remarked that had Jaffer retained counsel of Haris’ calibre at the outset, “the accused might not have had to see this day”.
Advocate Shah Khawar, representing Noor’s parents, opposed the plea and defended the earlier conviction and sentence.
During the hearing, the defence counsel also referred to media coverage of the case during the trial proceedings, prompting observations from the bench regarding the role of media reporting. “We are not sitting here to listen to news reports,” Justice Ibrahim remarked.
Justice Kakar noted that media reports and social media commentary often differed from actual court proceedings. “Sometimes we say one thing, and it is reported differently,” he observed. “Newspapers report one version, while vloggers present something entirely different.” Justice Panhwar added that “everyone expresses their own opinion.”
At one point during the hearing, Justice Kakar remarked that the court had postponed other cases to hear the matter, saying, “We have adjourned all our other cases today.”
The hearing included a brief recess, with the court indicating its intention to conclude proceedings the same day. After hearing arguments, the bench dismissed the review petitions and upheld Jaffer’s death sentence.
While speaking to reporters outside the SC, Noor Mukadam’s father, Shaukat Mukadam, said that the media had supported them throughout the legal process from the trial court to the Supreme Court.
He thanked the media for their support and said, “I will give this message to daughters and young girls: raise your voice against oppression.”
The case
In February 2022, a district and sessions court convicted Jaffer of murder and sentenced him to death, along with 25 years’ rigorous imprisonment and a fine of Rs200,000. His household staff, Iftikhar and Jameel, were sentenced to 10 years in prison, while other accused, including Jaffer’s parents and employees of TherapyWorks, were acquitted.
On March 14, 2023, the Islamabad High Court upheld Jaffer’s death sentence and converted his 25-year imprisonment into another death penalty on charges of rape.
Subsequently, a three-member bench of the Supreme Court, headed by Justice Kakar, on May 20 rejected Jaffer’s appeal and upheld the death sentence in the case. In a detailed verdict issued in June the same year, the apex court maintained his conviction for murder and described him as “a ruthless killer” who was “not worthy of sympathy”.
However, while upholding the death penalty for murder, the court commuted the death sentence awarded for rape to life imprisonment. Jaffer was acquitted of the abduction charge, though his sentence for unlawful confinement was maintained.
The court also upheld the sentences of co-accused Iftikhar and Jameel but ordered their release on the grounds that they had already served sufficient time. The verdict noted that Justice Ali Baqar Najafi would add a supplementary note.
