IHC takes up appeals in Noor murder case

Court asks counsel for convicts to wait for their turn for arguments

ISLAMABAD:

A division bench of the Islamabad High Court (IHC) on Wednesday formally took up identical appeals in the Noor Muqqadam murder case.

IHC judges Justice Amir Farooq and Justice Sardar Ijaz Ishaq Khan took up the appeals for hearing.

The appeals have been filed by Zahir Jaffer, who has been convicted for murdering Noor, while his domestic staff Iftikhar and Jan Mohammad have also filed appeals against their conviction.

The appeals have also been filed by Noor's father, Shaukat Muqqadam challenging the acquittal of Zahir’s parents, Zakir Jaffer and Ismat Adamjee, and domestic helper Jamil.

The plaintiff has also challenged the acquittal of six Therapy Works employees including its CEO Tahir Zahoor.

Plaintiff Shaukat Muqqadam has filed an appeal to increase the sentence of the three convicts.

During the hearing on Wednesday, advocate Shah Khawar appeared on behalf of plaintiff Shaukat Muqqadam.

Counsel for the defendants also appeared in court.

During the hearing, Akram Qureshi, the counsel for Therapy Works employees requested to adjourn the hearing.

IHC judge Amir Farooq said that the case was identical as well as the FIR and the evidence.

When the judge asked how many convicts were there, the convict counsel Usman Khosa said they were three, Zahir Jaffer, his guard and his gardener.

He said that Zahir Jaffer's parents, Therapy Works employees and a cook of Zahir Jaffer had been acquitted in the case.

During the hearing, the court said whether to open a reference or the case of acquittal, but let’s start it.

Usman Khosa, Zahir Jaffer’s counsel, read out the case record and the court verdict.

The court said that “he who could have become a witness in your case, you have made him an accused”.

Usman Khosa said that Zakir Jaffer and Ismat Adamjee were not present at the crime scene during the time of the incident.

He said that Zahir Jaffer's parents were in Karachi on the day of the incident.

He said that when the employees of Therapy Works reached the crime scene, they were also named accused in the case.

He said that the Supreme Court has ruled that the transcript of the CDR is essential.

“Communication or conversation between parents and children cannot be a crime,” he said adding that the late Noor Muqqadam had also contacted Zahir Jaffer’s father before she was killed.

He said that cook Jamil, who is not even in CDR has been named accused in the case.

 The court turned down the request of lawyer Kamran Murtaza to hear his arguments on behalf of convict and gardener, Muhammad Jan, on Wednesday.

Justice Amir Farooq said that since Usman Khosa has started arguments, let him continue now.

 After initial arguments, the court adjourned the hearing of the case till November 9.

On February 24, a sessions court in Islamabad handed down the death penalty to Zahir Jaffer for the murder of Noor Muqqadam while his employees, watchman Muhammad Iftikhar and gardener Jan Muhammad, were sentenced to 10 years in prison for abetting in the act.

Additional Sessions Judge Atta Rabbani acquitted his parents, Zakir Jaffer and Ismat Adamjee, as well as other suspects in the case including Therapy Works employees, from the charge of abetment.

 The judge issued a short order according to which Zahir had been sentenced to death under Section 302(b) (premeditated murder) of the Pakistan Penal Code (PPC). However, the death sentence awarded to the convict shall be subject to confirmation by the Islamabad High Court.