The defense argues that Jaffer believed himself to be a spiritual leader and viewed the victim as a sacrificial offering.
Pakistani American Zahir Jaffer (center), convicted of rape and murder, arrives at a court in Islamabad. Photo: AFP
ISLAMABAD:
The Supreme Court on Thursday rejected the review petition filed by Zahir Jaffer, the main culprit in the murder of Noor Mukadam, and upheld its earlier verdict upholding his death sentence.
Noor Mukadam, 27, daughter of former diplomat Shaukat Mukadam, was murdered and beheaded in an upscale locality of Islamabad in July 2021. Police had charged Jaffer, an American 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 court also rejected a plea seeking the formation of a medical board to assess Jaffer’s mental health.
During the hearing, Jaffer’s lawyer Khawaja Haris acknowledged that Noor had been the victim of a grave injustice and apologized to his family.
He said his arguments focused on his client’s mental state 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 dispute that my client did not commit the murder.”
Haris argued that his client suffered from mental illness and was unable to properly understand or participate in legal proceedings.
Referring to documents presented during the trial, Haris told the court that reports suggested Jaffer believed himself to be a spiritual leader and viewed the victim as a sacrificial offering. “My client is mentally ill. He can’t even sign properly,” he argued.
The defense argued that Jaffer suffered from mental health disorders, including bipolar disorder, schizophrenia and depression, and was taking medication for those disorders.
Haris argued that the convict’s mental state was not properly examined during the trial and noted that medication continued to be administered to him in prison. “My question is why the prosecution did not conduct a drug test on the accused,” he said.
Learn more: Noor Mukadam case: SC to hear Zahir Jaffer’s review petition on April 8
He further argued that widespread media coverage and public comments during the trial created pressure that discouraged investigators from conducting such testing.
“At that time, social media was full of claims that proving the accused was a drug addict would be used to save him,” he said. He also suggested the trial court was influenced by media attention, prompting the justices to respond.
“This court does not decide cases on the basis of newspaper reports nor does it come under pressure from social media,” Justice Kakar replied. The judges repeatedly questioned the defense’s position, asking for evidence showing when Jaffer’s treatment began, whether he was receiving treatment at the time of the killing and which doctors diagnosed him.
Justice Salahuddin Panhwar observed that the defense appeared to rely on speculation rather than documented evidence. “You say his mental state was not normal at the time of the incident,” Justice Panhwar said. “This would mean that you are effectively validating the same comments on social media that you are criticizing.”
The court also questioned a letter from the Harley Street Clinic in London submitted by the defence. Justice Panhwar noted that the document was dated 2022, after the murder. “It is strange that the accused was unable to obtain the lawyer of his choice, even though a letter arrived from London,” the judge remarked.
The bench also pointed out that the demands for setting up a medical board had already been rejected during the trial and were not challenged later in the Islamabad High Court. “This case has already become final,” observed Judge Ishtiaq Ibrahim.
“Suppose we admit that the defendant’s mental state was not normal. What relief do you seek on review?” » asked Judge Kakar. “If a drug test had been performed, how would it have benefited you? »
Learn more: Noor Mukadam murder: SC rejects Zahir Jaffer’s appeal, upholds death sentence
Haris responded that he was not asking for a new trial but a reduced sentence, arguing that all relevant facts should have been considered before the death sentence was imposed. At one point, Justice Hashim Kakar remarked that if Jaffer had retained a lawyer of Haris’ caliber from the outset, “the accused may not have had to see this day.”
Lawyer Shah Khawar, representing Noor’s parents, opposed the plea and defended the earlier conviction and sentence.
During the hearing, the defense lawyer also discussed media coverage of the case during the trial, prompting comments from the judges about the role of media reporting. “We are not sitting here to listen to the news,” Justice Ibrahim remarked.
Judge Kakar pointed out that media reports and comments on social media often differ from actual court proceedings. “Sometimes we say one thing and it is reported differently,” he observed. “Newspapers report one version, while vloggers present something completely different.” Justice Panhwar added that “everyone expresses their own opinion”.
At one point during the hearing, Justice Kakar noted that the court had adjourned other matters to hear the case, saying: “We have adjourned all our other cases today. »
The hearing included a brief recess as the court indicated its intention to conclude the proceedings on the same day. After hearing the arguments, the bench rejected the requests for review and upheld Jaffer’s death sentence.
The case
In February 2022, a district and sessions court convicted Jaffer of murder and sentenced him to death, along with 25 years of rigorous imprisonment and a fine of Rs 200,000. His domestic workers, Iftikhar and Jameel, were sentenced to 10 years in prison, while other defendants, including Jaffer’s parents and TherapyWorks employees, were acquitted.
On March 14, 2023, the Islamabad High Court upheld Jaffer’s death sentence and converted his 25-year prison sentence to another death sentence for 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 delivered in June that year, the apex court upheld his murder conviction and described him as “a ruthless killer” who was “not worthy of sympathy”.
However, while upholding the death sentence for murder, the court commuted the death sentence awarded for rape to life imprisonment. Jaffer was acquitted of the kidnapping charge, although his sentence for false imprisonment was upheld.
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 indicated that Judge Ali Baqar Najafi would add an additional note.
