Noor murder case: SC turns down plea of Jaffer's parents against IHC verdict

ISLAMABAD: The Supreme Court Friday turned down the request of Zahir Jaffer's parents against the Islamabad High Court's verdict to conclude the Noor Mukaddam's murder case in two months. The IHC, on October 6, while rejecting the post-arrest bail applications of Zakir Jaffer and Asmat Jaffer had ordered the Session Court, Islamabad, to complete the trial within eight weeks.

The written order of a two-judge bench, headed by Justice Umar Ata Bandial, on the appeals of Zakir Jaffer and Asmat Adamjee said; "We do not agree with that submission which is conjectural and without reference to facts. However, it goes without saying that the petitioners have a right of presenting their defence before the learned Trial Court and in this respect the learned Trial Court shall consider and decide their pleas in accordance with law as envisaged in Article 10A of the Constitution."

Khawaja Haris, counsel of Zahir's parents, during the hearing of appeals before the Supreme Court, had urged the bench that the time period of eight weeks specified in the paragraph 14 of the impugned judgment (IHC) dated 23 September 2021 "to conclude the trial expeditiously preferably within eight weeks from the framing of charge" deprives the petitioner of a fair opportunity to lead his defence.

Additional Sessions Judge Ata Rabbani on October 14, besides Zahir, framed charges against Zakir Jaffer and Asmat Adamjee, three household staff, Iftikhar, Jan Muhammad, and Jameel, and six Therapy Works employees, identified as Tahir Zahoor, Amjad, Dilip Kumar, Abdul Haq, Wamiq and Samar Abbas for their alleged involvement in the murder of Noor Mukaddam, whose body was found at a residence in Islamabad's upscale Sector F-7/4 on July 20 earlier this year.

The apex court four days ago (October 18) had granted bail to Asmat Adamjee for being a woman.

"We consider that the petitioner (Asmat) being a woman may be granted bail under the first proviso to section 497(1), CrPC in absence of any circumstances that may justify declining this relief to her," said the SC written order.

"Needless to say that this concession of bail may be withdrawn if the petitioner misuses it in any manner, including causing a delay in the expeditious conclusion of the trial or influencing the prosecution witnesses," it further said.

Meanwhile, the IHC, on Friday, disposed of a petition of Zakir Jaffer, father of Zahir Jaffer - the principal accused in the Noor Mukaddam murder case - against his indictment by a trial court after the petitioner withdrew his plea.

Copyright Business Recorder, 2021