Noor Mukadam murder case: SC upholds Zahir Jaffer’s death sentence

The Supreme Court of Pakistan has dismissed Zahir Jaffer's appeal against the death sentence awarded to him in the Noor Mukadam murder case.

A three-member bench presided by Justice Hashim Kakar, and comprising Justices Ishtiaq Ibrahim and Ali Baqar Najafi, upheld the sentence after hearing final arguments on Tuesday.

Previously, the Islamabad High Court (IHC) had also upheld Jaffer’s death sentence issued by the trial court and converted his jail term for rape charges into an additional death penalty.

Twenty-seven-year-old Noor Mukadam, daughter of former Pakistani diplomat Shaukat Mukadam, was murdered and beheaded in a posh neighbourhood of Islamabad in July 2021. The police charged Jaffer, a US national and the heir to Jaffer Group of Companies - one of Pakistan’s wealthiest families - with murder.

Defence counsel Salman Safdar argued that the prosecution’s entire case relied on CCTV footage and DVR recordings, stressing that the evidence must be beyond reasonable doubt to support a conviction. He questioned the chain of custody and insisted the footage could not be accepted without thorough verification. 

At the outset of the hearing, Zahir’s counsel contended that any evidence against his client “must be beyond doubt”, arguing that the court could not “go beyond footage presented in the court”.

He said the prosecution presented the footage on a USB at the IHC, but it could not be played.

At this point, a lawyer of the co-accused — Mohammad Iftikhar (watchman) and Jan Mohammad (gardener), whose 10-year sentences were also upheld by the IHC — presented his arguments briefly.

The lawyer detailed the sentences, recalling that the watchman and gardener were accused of “stopping the victim from fleeing”.

Justice Najafi observed, “If the suspects had not stopped the victim, then the situation would have been different.”

The lawyer asserted that the two co-accused had “no crime other than being present in the house” at the time of the murder.

“What was the need to work more than [what] the salary [is paid for]?” Justice Kakar remarked.

 

In response, Justice Kakar noted that the defence had already accepted the footage’s authenticity earlier and highlighted that forensic reports confirmed the videos had not been tampered with. He further stated that the footage was captured by an automated system without human intervention, rendering doubts about selective editing irrelevant.

Read: Noor Mukadam's killer claims insanity

The bench also addressed defence claims that the original charges did not include rape or kidnapping, which were later added.

Safdar contended that the murder weapon lacked Jaffer’s fingerprints and raised concerns over the absence of any mental health evaluation.

The court then heard from lawyers representing the co-accused — Jaffer’s household staff, including his watchman and gardener, who were convicted and handed a sentence of 10 years each.

Their defence counsels maintained their clients were only present at the site and did not actively participate in the murder.

At which, Justice Najafi observed that not preventing the victim from leaving may have influenced the outcome, while Justice Kakar questioned why the staff exceeded their employment roles.

As arguments concluded, Advocate Shah Khawar, representing the Mukadam family, began his rebuttal. The justices noted that many facts were undisputed, including the victim’s presence at the accused’s house and their relationship.

Read more: Noor Mukadam murder case: A timeline

Noor Mukadam’s counsel, Shah Khawar, began his arguments.

During the proceedings, Justice Hashim Kakar remarked that several facts in the case are undisputed, stating, “There is no need to argue over agreed facts.”

He noted that it is a settled fact the convict and the victim were living together and described their relationship as “the kind seen in Europe, not here.”

Justice Kakar further commented that such relationships are “unfortunate for our society” and “contrary to religion and morality.”

He also questioned whether Noor’s voluntary arrival at the convict’s house would lessen the charge of abduction, and added that even without CCTV footage, “the recovery of the body from the convict’s house is sufficient.”

Justice Baqir Najafi inquired whether Noor Mukadam’s mobile phone had been recovered. Shah Khawar responded that while call records are available, the phone itself was not taken into custody.

During the previous hearing last week, the apex court had adjourned proceedings following a mutual agreement between both parties after the defence requested more time to submit additional documents, arguing they were crucial, and stressed that Jaffer’s mental illness had not been properly considered in the lower courts.

Justice Kakar had criticised frequent delays in the case, while Justice Najafi noted that the mental health argument could still be made without a new application.

Despite the prosecutor’s opposition, the court agreed to adjourn, directing both sides to return fully prepared on May 19.

In February 2022, a district and sessions judge had convicted Jaffer of murder and sentenced him to death along with 25 years of rigorous imprisonment and a fine of Rs200,000.

His household staff, Iftikhar and Jameel - co-accused in the case - were sentenced to 10 years in prison, while all other suspects, including Jaffer's parents and TherapyWorks employees, were acquitted.