Noor Muqaddam murder: Zahir Jaffer parents challenge bail rejection in SC

Oct 6, 2021: The parents of Zahir Jaffer, the main accused in the Noor Muqaddam murder case, have approached the Supreme Court for bail.

A petition filed in the Supreme Court by advocate Khawaja Harris on behalf of Zahir’s parents Zakir Jaffer and Ismat Adamji has asked that whether or not reporting the “incident” means the parents are accomplices in the crime.

The text of the petition said that the Islamabad High Court had wrongly reviewed Section 107 of the Pakistan Penal Code.

The petition further said that there was no evidence that Zahir’s parents knew their son’s intentions and his bail application could not be rejected on the basis of the co-accused’s statement.

The petition said that the full challan of the case has not been submitted to the trial court yet while the High Court went beyond its jurisdiction by directing to complete the trial in two months. The petition filed in the Supreme Court further said that giving a verdict within two months is against the rights of the accused and the principles of transparent trial.

The petition said that there was no evidence that Zahir’s parents knew their son’s intentions and his bail application could not be rejected on the basis of the co-accused’s statement.

The petition also said the investigation by the police was one sided and the defendants weren’t allowed to meet their lawyers or prepare adequately for their defense.

Last week, the IHC had rejected the bail pleas of Zakir Jaffer and Ismat Adam Gee, parents of Zahir Jaffer, the main accused in the Noor Makadam murder case. The IHC also ordered the trial court to be completed the trial in eight weeks.

Justice Amir Farooq of the IHC initially gave a brief verdict. A detailed decision was issued later. Zakir and Ismat had filed bail petitions in the Noor Muqadam murder case stating that they had nothing to do with Noor’s murder, while the police challan presented in the court said that if Zahir’s parents had called the police they could have saved her in time.

In its detailed decision, the IHC ruled that Zahir Jaffar’s parents committed the crime of aiding and abetting Noor’s murder. The court said Zahir’s parents knew that their son had taken Noor hostage and despite this information, they did not share it with the police. The watchman had clearly stated that he had informed Zakir Jafar of Zahir’s movements.

The IHC verdict had also referenced the Supreme Courts own decisions which say that aiding and abetting murder is as serious a crime as murder, and for which there is sufficient factual evidence.

The verdict further stated that according to the Black’s Law Dictionary, not doing one’s duty is also aiding and abetting.

It has already been established through Zahir Jaffer’s confessional testimony, the court said, that he had informed his father about Noor.

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