ISLAMABAD – The Supreme Court of Pakistan while hearing Noor Mukadam murder case, questioned whether the defense’s claim that the convicted killer Zahir Jaffer is mentally ill had been raised during earlier proceedings in the trial or high courts.
A Supreme Court three-member bench headed by Justice Hashim Kakar and comprising Justices Baqar Najafi and Shahid Waheed heard the case.
Zahir Jaffer’s counsel, Salman Safdar, appeared before the court and requested an adjournment to submit additional documents, arguing that these could significantly impact the case.
Justice Hashim Kakar questioned the need for an adjournment, stating, “You are already present in court—why seek a delay?” In response, Salman Safdar argued, “Zahir Jaffer is mentally ill, and this critical point was completely overlooked by both the trial court and the high court. I want to submit documents that could potentially change the entire narrative. Even judgments issued by the Supreme Court were ignored,”.
Justice Baqar Najafi directly asked the defense counsel whether the argument of mental illness had been formally raised in earlier proceedings. Safdar confirmed that the point had been raised but was ignored by both lower courts.
Justice Hashim Kakar remarked, “If you can raise this point now, what difference would a separate petition make? In this court, cases are only postponed in extreme situations, such as the death of a judge or lawyer. If someone is acquitted after spending 20 years on death row, imagine what he must think. If the accused is acquitted and appears before us, he might throw the case file in our face,”.
He added, “The fault is not with the system, but with us, for allowing unnecessary adjournments. File whatever application you have; the court will decide on it.”
Defense lawyer Salman Safdar further argued that to date, no medical board had been constituted to assess Zahir Jaffer’s mental condition.
On the other hand, Shah Khawar, the counsel for the complainant, strongly opposed the request, saying the mental illness claim lacked the merit.
Justice Baqar Najafi responded, “Let the petition be filed first, then you may register your objection,”.
With the mutual agreement of both parties, the court adjourned the hearing until May 19, and instructed all the counsels to come fully prepared for the next hearing of the case.
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