ISLAMABAD - The Supreme Court was informed on Monday that no medical board was constituted to evaluate Zahir Jaffer’s mental health during his trial for the murder of Noor Mukadam, despite the defence’s repeated claims that he was unfit to stand trial.
A three-member bench of the apex court, headed by Justice Hashim Kakar and comprising Justice Ishtiaq Ibrahim and Justice Ali Baqar Najafi, heard the appeal filed by Zahir Jaffer against the death sentence handed down by a district and sessions judge and upheld by the Islamabad High Court.
Zahir Jaffer was convicted of murdering 27-year-old Noor Mukadam, who was found beheaded at his residence in Islamabad in July 2021. Investigations concluded that Noor Mukadam was tortured before her death.
Barrister Salman Safdar appeared as legal counsel for Zahir Jaffer, while Advocate Shah Khawar represented Shaukat Mukadam, the father of the victim and a retired diplomat.
Barrister Salman Safdar presented Zahir Jaffer’s medical records from 2013 to date and outlined the penalties imposed: death for murder, another death sentence after conversion of a rape conviction, and 10 years in prison for kidnapping.
He argued that only the murder charge was mentioned in the initial first information report, while other charges were added nearly three weeks later. He questioned the claim that the crime occurred at Zahir Jaffer’s residence, although forensic tests confirmed that blood and knife samples matched Noor Mukadam.
According to Barrister Salman Safdar, the incident occurred at 10pm, and the case was registered at 11:30pm before the stated time of death in the post-mortem report, which was 12:10am.
He said that Amjad, an employee of Therapy Works who was injured during the incident, was listed as a suspect rather than a witness. Barrister Salman Safdar also criticised the reliance on CCTV and photogrammetry evidence, referring to footage showing Noor Mukadam leaping from the first floor and running to the locked main gate in an attempt to escape.
Justice Hashim Kakar responded to a reference made to the Arshad Malik video leak case by noting that the defence was relying on precedent set by former chief justice Asif Saeed Khosa. “If we adhere strictly to procedural parameters, proving anything becomes extremely difficult.” Justice Hashim Kakar remarked.
Barrister Salman Safdar claimed that the murder weapon, a small knife, bore no fingerprints of Zahir Jaffer. He pointed out that, apart from Shaukat Mukadam, all witnesses were state officials.
“There were no eyewitnesses. The evidence is entirely circumstantial,” Justice Hashim Kakar noted.
He further remarked that the case would not face indefinite delays and added that judges must endure some burden too. Appeals must be concluded without prolonged gaps. The hearing was paused until after proceedings in the reserved seats case.
When the bench reconvened at 1:30pm, Barrister Salman Safdar argued that Zahir Jaffer was not mentally stable at the time of the incident and that the trial court failed to examine his mental condition appropriately. Justice Hashim Kakar asked why no application was filed at the time to raise this objection. When Barrister Salman Safdar insisted that Zahir Jaffer was unfit throughout the trial, the bench inquired whether any medical board had assessed his condition.
Barrister Salman Safdar replied that no such board was ever formed. He noted that a plea to constitute a medical board was dismissed in January 2022 by the trial court on grounds that it was filed at the end of the trial without earlier reference to mental health or supporting medical history, and was intended merely to evade criminal responsibility.
Barrister Salman Safdar also highlighted the digital evidence, including the CCTV footage and digital video recorder, and reiterated that Zahir Jaffer pleaded not guilty to all charges.
The hearing was adjourned until Tuesday ( today ), when Barrister Salman Safdar is expected to complete his arguments and Advocate Shah Khawar will begin his. The court is also scheduled to hear the appeals of co-accused convicted in the case.