ISLAMABAD – The Supreme Court has fixed the hearing of Zahir Jaffer’s review plea in the Noor Mukadam murder case for Wednesday, April 8. The convict seeks a review of his conviction in the 2021 murder case, in which Noor, aged 27, was found murdered at Zahir’s Islamabad residence in July 2021. The probe revealed she was tortured before being beheaded.
According to a cause list published online by the SC on Saturday, the date for Zahir’s hearing was fixed for April 8. Zahir’s death sentence by the trial court had already been upheld by the Islamabad High Court (IHC), but he sought a review of the verdict in July of last year.
The Review Petition
The 47-page review petition was filed by Advocate Khawaja Haris on behalf of Zahir under Article 188 of the Constitution (review of judgments or orders by SC). The state and Noor’s father, Shaukat Ali Mukadam, were made the respondents.
The petition contended that the issue of Zahir’s alleged “unsoundness of mind or mental capacity” that was raised before the SC in an application had not been addressed and was “given short shrift.” On the rape charges, the review plea argued that it was “apparent from the record that there is no evidence on the record in proof of this allegation.”
Supreme Court’s Previous Verdict
The SC had commuted Zahir’s death sentence on the rape charge to life imprisonment, as decided by the trial court, but did not acquit him of it. While he was acquitted of the 10-year sentence for kidnapping, a one-year term was handed down for wrongful confinement under Section 342 of the Pakistan Penal Code, according to the SC verdict.
Zahir’s review plea argued that the video recordings, based on which the SC upheld the death sentence, had not been proved during the trial and were not provided to any of the accused. It said the apex court ruling was extensively based on video recordings stored in a digital video recorder (DVR) and on clips that the prosecution said were transferred from the DVR to a hard disk, providing the “most essential link in the chain of circumstances” on which the SC gave its verdict.
Digital Evidence and the Silent Witness Theory
The SC, in its detailed verdict, had stressed the significance of digital evidence by declaring that footage can be admissible as primary evidence under the “silent witness theory” — a rule of evidence that allows for photographic, video, or other recorded evidence to be admitted as substantive proof of what it depicts, without the need for an eyewitness’s testimony.
This legal principle has been crucial in the case, as much of the prosecution’s evidence against Zahir came from video recordings from the residence where the murder occurred.
The Case Background
Noor was found murdered at a residence in Islamabad’s upscale Sector F-7/4 on July 20, 2021. A first information report (FIR) was registered later the same day against Jaffer, who was arrested at the site of the murder.
In February 2022, a district and sessions judge sentenced Jaffer to death for the murder and handed him 25 years of rigorous imprisonment, finding him guilty of rape. His household staff, Mohammad Iftikhar and Jan Mohammad — co-accused in the case — were each sentenced to 10 years in prison.
Zahir’s parents, leading businessman Zakir Jaffer and Asmat Adamji, had been indicted by an Islamabad district and sessions court in October 2021 but were later acquitted by the court.
Legal Arguments in the Review Petition
The review petition raises several key legal arguments:
- Mental Capacity: The petition argues that Zahir’s alleged unsoundness of mind was not properly addressed by the courts, suggesting that his mental state at the time of the crime should have been a mitigating factor.
- Rape Charges: The plea contends there is no evidence on record to prove the allegation of rape, arguing that the conviction on this charge should be overturned.
- Digital Evidence: The petition challenges the reliance on video recordings that were not proved during the trial and were not provided to all accused, arguing that this violates principles of fair trial.
A High-Stakes Review
The Supreme Court’s decision to fix Zahir Jaffer’s review plea for hearing represents the latest chapter in a case that has gripped Pakistan since Noor Mukadam’s brutal murder in 2021. The case became a symbol of the failure of the justice system to protect women and the need for swift accountability in cases of violence against women.
Zahir’s review petition challenges both the conviction and the sentence, arguing procedural and evidentiary flaws in the original trial and appeals process. The focus on digital evidence — specifically the video recordings from the DVR — is particularly significant. If the court finds that this evidence was not properly admitted or that its admission violated Zahir’s rights, it could potentially affect the conviction.
The issue of Zahir’s mental capacity is also crucial. If the court determines that his alleged unsoundness of mind was not properly considered, it could lead to a reevaluation of his culpability.
For Noor Mukadam’s family, the review hearing is a source of anxiety. Having already seen Zahir’s death sentence upheld by the IHC and the SC commuting only the rape sentence while maintaining the murder conviction, they will be hoping that the SC upholds its previous verdict.
For Zahir, the review represents a final chance to overturn or reduce his sentence. The outcome of the April 8 hearing will determine whether he remains on death row for the murder of Noor Mukadam.
As the Supreme Court prepares to hear the review plea, the nation will be watching closely. The Noor Mukadam case has become a touchstone for discussions about women’s safety, the justice system, and the rights of the accused. Whatever the outcome, the case will continue to resonate in Pakistan’s legal and social landscape.
