‘Noor murder accused not mentally ill’

IHC terms prime suspect’s mental illness plea an ‘excuse’

ISLAMABAD:

A local court in Islamabad on Thursday issued a detailed judgement on a petition filed by Zahir Jaffer, the main accused in the Noor Muqqadam murder case, seeking the formation of a medical board.

Additional Sessions Judge Atta Rabbani in his four-page judgment said that the court had temporarily examined the mental condition of the accused and found no disability.

“The facts and circumstances show that the accused has no mental illness. The excuse of mental illness was later offered to get rid of the case,” the judgement said.

“Take as an argument that if the accused has a mental illness, then the request should have come from any of his close friends, mother or father. The petition filed before the court did not mention any medical history of the accused,” it said.

The court further said that on September 23, all the accused including the main accused were given a copy of the challan, Zahir Jaffer took the copy but did not sign to receive the copy.

The court asked Zahir Jaffer to appoint his own lawyer or else the court would appoint a state council on his behalf. On October 7,  the court-appointed Shehryar Nawaz Khan as state councillor to assist the court during the trial on behalf of the main accused.

The indictment was filed on October 14, and the accused signed it. When the trial began, Shahriar Nawaz Khan assisted the court.

Read Court rejects plea seeking formation of medical board to ascertain Zahir's mental status

On October 24, 2021, Sikandar Zulqarnain Saleem appeared before the court. The court appointed him the state councillor, which was arranged by the accused's family and brought before the court.

For the first time, lawyer Sikandar Zulqarnain Saleem objected on December 1 that the accused had a mental illness.

Never before has such an objection been raised before a magistrate or in this court, the judgement said.

“Now that the trial of this case is about to be completed very soon, the issue of mental illness of the accused has been raised,” it said adding that the parents of the accused were appearing before the court but none of them has ever taken such a case to court.

In addition, other family members of the accused were also present during the proceedings of the court, the verdict said adding circumstances indicate that the accused has no mental illness. “This shows that the excuse of mental illness was used to get rid of the case. There is no reason to form a medical board for the accused and the request is denied,” the judgement said.

 

Published in The Express Tribune, January 7^th, 2022.