The parents of Zahir Jaffer, the prime suspect in the Noor Mukadam murder case, have approached the Supreme Court for bail.
The petition, filed by Advocate Khawaja Harris on behalf of Zahir’s parents Zakir Jaffer and Ismat Adamjee, asks whether not reporting the “incident” counts as aiding the crime.
The petition stated that the Islamabad High Court (IHC) wrongly reviewed Section 107 of the Pakistan Penal Code.
The petition added that there is no evidence to suggest that Zahir’s parents knew the intentions of their son and that their bail application cannot be dismissed on the basis of the statement of a co-accused.
The petition said that a complete challan of the case has not yet been presented in the trial court, while the high court went beyond its jurisdiction by directing to complete the trial in two months.
The petition further said that delivering a verdict in two months goes against the rights of the suspects and the principles of a transparent trial.
The police investigation [in the Noor Mukadam murder case] was one-sided and not impartial. The defendants will not be able to defend themselves properly in prison, it was argued in the petition, adding that it is very difficult for them to communicate with their lawyers in prison too.
Noor Mukadam, 27, was raped and murdered with a sharp instrument on July 20 within the limits of the Kohsar police station in Islamabad. A murder case was later registered by Noor’s father, former Pakistani ambassador Shaukat Ali Mukadam.
Zahir Jaffer is the prime suspect in Noor’s murder case.
The Islamabad police arrested suspect Zahir on the night of July 20 from his house where, according to Noor’s parents, he murdered her.
The gruesome incident sparked a nationwide campaign seeking justice for her, with #JusticeforNoor becoming a top trend on Twitter.
IHC VERDICT: In its detailed verdict, the IHC ruled that Zahir Jaffer’s parents committed the crime of aiding and abetting Noor’s murder.
The court said that Zahir’s parents knew their son had taken Noor hostage and despite having this information, they did not share it with the police. The watchman had clearly stated that he had informed Zakir Jaffer, the court added.
The detailed judgment also refers to the decisions of the Supreme Court (SC).
The SC has said that aiding and abetting murder is as serious a crime as murder, the IHC said, adding that aiding and abetting a crime can also be direct, for which there is sufficient factual evidence.
According to the Black’s Law Dictionary, not doing one’s duty is also aiding and abetting, the IHC verdict said.
Zahir Jaffer, the court said, had said in his confessional statement that he had informed his father about Noor. Whether Zahir’s statement is acceptable or not is to be decided by the trial court, the IHC said.
