Oct 11, 2021:The Supreme Court heard the bail application of the parents of accused Zahir Jaffer in connection with the Noor Muqadam murder case.
A three-member bench headed by Justice Umar Atabandial heard the bail petition review by the parents ofZahir Jaffer.
Justice Mansoor Ali Shah asked where Ismat Jaffer was mentioned in the decision of the Islamabad High Court. Justice Umar Ata Bandial remarked that there was no mention of Ismat Jaffer in the decision of the High Court. The lawyer said that the murder case was against Zahir Jaffar. His parents were in Karachi at the time of the murder. Justice Umar Ata Bandial remarked. “We are only trying to understand the case,” he said.
Justice Qazi Amin while giving remarks said that Noor Muqaddam murder is a very sad incident, we have sympathy with the family of the victim, we are taking information to understand the facts of the case.
The hearing was adjourned till next Monday due to a death in Justice Umar Ata Bandial’s family. During the hearing, Justice Umar Ata Bandial said that his family member had passed away and he had to go to Lahore immediately.
The court ordered the prosecution to present evidence to the extent of Ismat Zakir at the next hearing. Khawaja Harris, counsel for the accused, said that forensic reports were also not received. The High Court’s order to complete the trial in two months would affect the right to a fair trial.
The court said that the right to a fair trial is mandatory. The Supreme Court adjourned the bail case of accused Zahir Jaffer’s parents till October 18.
It should be noted that the parents of accused Zahir Jaffer had approached the Supreme Court for bail. Zakir Jaffer and Ismat Zakir filed an appeal in the Supreme Court against the decision of the Islamabad High Court. In the petition filed by the appeal advocate Khawaja Harris, it has been stated that not reporting the incident is not the same as being accessory to murder and that the The Islamabad High Court (IHC) has misinterpreted Section 107 of the Pakistan Penal Code (IPC) for misconduct.
The petition said that the bail application could not be dismissed on the basis of the statement of any co-accused. The verdict is against the rights of the accused and the principles of transparent trial. The order to complete the trial in a hurry will affect the right of the accused to defend themselves. The petitioner says he was not able to defend myself properly as it is very difficult for the accused to communicate with their lawyers while in jail.
Earlier The Islamabad High Court (IHC) had dismissed the bail of the accused and said that in principle, aiding the accused is a crime. The IHC had directed the trial court to complete the trial in eight weeks. The parents of the main accused Zahir Jaffer had filed bail applications.
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