Zahir Jaffer challenges death sentence for brutal murder in SC review plea

ISLAMABAD: Zahir Zakir Jaffer, convicted for the brutal murder of 27-year-old Noor Mukadam, has filed a review petition in the Supreme Court seeking to overturn the court’s recent verdict that upheld his death sentence for the 2021 murder.

Noor Mukadam’s tragic killing, which involved gruesome torture and beheading, shocked the nation and led to widespread public outrage. Zahir Jaffer’s death sentence was upheld by the Islamabad High Court (IHC) in 2022, and the Supreme Court affirmed the ruling earlier this year.

The 47-page review petition, filed by Zahir Jaffer’s counsel, Advocate Khawaja Haris, challenges the legality and fairness of the Supreme Court’s judgment, which had also modified certain aspects of his earlier convictions. The review plea was filed under Article 188 of the Constitution, which allows the SC to review its earlier judgments or orders.

The petition raises several key points. Among the most significant claims, the plea argues that the issue of Zahir’s alleged “unsoundness of mind or mental capacity,” which was brought up in an earlier application to the SC, had not been properly addressed. The defense asserts that this was a critical matter that should have been considered in the verdict.

Furthermore, the plea argues that the “hype” created on social media during the investigation and trial created an environment of bias, leading to a violation of Zahir Jaffer’s right to a fair trial. The petition claims that social media had fueled public hatred towards Jaffer, influencing public opinion and the trial proceedings.

The petition also disputes the court’s reliance on video footage that was presented as evidence against Jaffer, citing issues with how the recordings were handled during the trial. Zahir’s lawyers contend that portions of the video footage—on which the Supreme Court’s “last seen” inference was based—were not played in court. Instead, only hearsay evidence was introduced, making the footage inadmissible.

Zahir Jaffer’s legal team also argues that the video recordings from a digital video recorder (DVR) were never proven during the trial and were not provided to the accused. The plea asserts that the court’s reliance on this footage, without proper proof of its authenticity or veracity, is a major flaw in the verdict.

The review petition further challenges the SC’s decision to convert Zahir Jaffer’s death sentence for rape charges into a life sentence. The trial court had previously sentenced him to death for the rape of Noor Mukadam, but the Supreme Court reduced it to a life term. Zahir’s counsel contends that there was insufficient evidence to prove the rape charges, and the petition asks the court to reconsider this aspect of the conviction.

The review petition also addresses the issue of wrongful confinement, for which Zahir was sentenced to one year in prison. Zahir’s defense claims that this conviction, along with the other charges, is not supported by the evidence presented during the trial.

In addition to the review petition, Zahir Jaffer is reportedly considering filing a mercy petition with the President of Pakistan, seeking clemency under Article 45 of the Constitution.

The petition would request a pardon or a reduction of his sentence, or possibly a commutation of his death sentence to a lesser punishment. Zahir’s legal team has already written to the authorities requesting the formation of a medical board to assess his mental health, which could potentially influence the mercy petition.

This development follows the Supreme Court’s ruling, which also addressed appeals from two co-accused in the case—Mohammad Iftikhar, the watchman, and Jan Mohammad, the gardener. Both had been sentenced to 10 years in prison for their roles in aiding Zahir Jaffer. However, the SC reduced their sentences, citing the time already served as sufficient punishment. The court ordered their release.

Noor Mukadam’s murder was one of the most high-profile criminal cases in recent years. The 27-year-old woman was brutally murdered by Zahir Jaffer at his Islamabad residence in July 2021.

Investigations revealed that Zahir had tortured Noor for several hours before beheading her, and the gruesome act was witnessed by several individuals. The case highlighted issues of domestic violence, abuse of power, and the failures of the legal system in providing justice to women.

The case garnered nationwide attention due to its brutality, and the prosecution’s reliance on video footage, which was widely shared on social media, played a critical role in securing the conviction. Despite the evidence, Zahir’s defense continues to challenge the process and verdict, citing legal and procedural errors.

Noor Mukadam’s father, Shaukat Ali Mukadam, has been a vocal advocate for justice throughout the case. He has expressed his belief that the legal system must not only hold Zahir Jaffer accountable but also ensure that justice is delivered to all those involved in his daughter’s death.

As the review petition progresses, many are watching closely to see how the Supreme Court addresses the complex issues raised by Zahir’s defense team. For now, Zahir Jaffer remains on death row, and his legal team continues to seek avenues for a potential reduction in his sentence.

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