ISLAMABAD: The Islamabad High Court (IHC), Tuesday, sought trial court’s record of Noor Mukadam murder case, while hearing her father’s petition seeking enhancement of sentences to three convicts including Zahir Jaffer.
A division bench comprising Justice Aamer Farooq and Justice Sardar Ijaz Ishaq heard the petition of Shaukat Ali Mukadam, filed through advocate Shah Khawar and cited Zahir Jaffer, the main accused, Muhammad Jan, and Muhammad Iftikhar, gardener and security guard at Zahir Jaffer’s house, as respondents.
After issuing the directions, the court also clubbed the petition of Zahir challenging his conviction in this case. Later, the bench deferred the hearing for an indefinite period.
Additional District and Sessions Judge Muhammad Atta Rabbani on February 24 had awarded capital punishment to Zahir Jaffer, while the co-accused, Muhammad Jan and Muhammad Iftikhar were sentenced to 10 years in prison each.
The court order said, “He (Zahir) be hanged by his neck till he is dead. He is directed to pay Rs500,000/- as compensation to the legal heir of the deceased Noor Mukadam.” However, the judge wrote; “The death sentence awarded to the convict will be subject to the confirmation by Islamabad High Court.” The court ordered to acquit Zahir’s mother Asmat Adamjee, father Zakir Jaffer and cook Jamil along with all employees of Therapy Works.
The petitioner stated that the order of these sentences had been passed in a lenient manner by the trial court in favour of the convicts and thus, is not in accordance with law and facts of the present case.
He stated that it is evident from the evidence available from the record that Respondents Nos 01 to 03 were fully involved with regard to their relevant charges while, the trial court extended undue favour to them.
“The findings and reasons given to support the quantum of punishment are superficial and devoid of force and from bare perusal of the impugned judgment, it is explicit that Respondents Nos 01 to 03 were given undue favour while ignoring impartial, credible and confidence inspiring evidence of the prosecution,” added the petitioner.
Mukadam continued, “The case against Respondents 1 to 3 was well-established through digital, forensic and other modern forms of evidence which was overlooked and neglected by trial court while sentencing them with lesser punishment.
His counsel said that the court, while passing the judgment, ignored the relevant principles of Superior Courts laid down regarding the quantum of sentence and the Judgment passed with lenient view and lesser sentence by court against the convicts is devoid of reasoning and hence is self-contradictory.
He further said, “The Trial Court while passing the Judgment of lesser sentence had further failed to appreciate that without involvement, assistance, and illegal voluntary omission of Respondents Nos 02 and 03 the crime would not had taken place in the first instance, which ultimately resulted into merciless, gruesome, shocking and brutal murder of an innocent human which caused severe distress and outrage towards public at large.”
Therefore, he prayed before the court that judgment of lenient sentence dated 24.02.2022 to the extent of Respondents Nos 01 to 03 may kindly be set aside and the sentence awarded to them be enhanced as per the provisions of PPC and CrPC and in accordance with the facts and circumstances of the case, in the best interest of justice.
Noor Mukadam was brutally beheaded and murdered in Sector F-7/4 of Islamabad on July 20, 2021, sparking outrage across the country. A first information report (FIR) was registered the same day against Zahir Jaffer by Shaukat Mukadam, who is a retired diplomat.
Copyright Business Recorder, 2022