ISLAMABAD: The Islamabad High Court (IHC) Wednesday turned down the bail petition of Zakir Jaffer and Asmat Adamjee in Noor Mukaddam murder case, and ordered the trial court to decide the matter within two months.
A single bench of Justice Aamer Farooq announced the verdict, which he had reserved after hearing the arguments of both the parties in the bail petition of prime suspect Zahir Jaffer’s parents – Zakir Jaffer and Asmat Adamjee.
The judgment stated that the instant petition is without merit, hence the same is dismissed.
It added, “Since the trial is about to commence as it is expected that on 06.10.2021 the charge shall be framed, hence the Trial Court is directed to conclude the trial expeditiously preferably within eight weeks from the framing of charge.”
The petitioners namely, Zakir Jaffar and Asmat Zakir Jaffar sought post-arrest bail in murder case of Noor dated 20.07.2021 under Sections 302, 201, 511, 109, 118, 364, 368, 176 and 376 PPC, Police Station Kohsar, Islamabad.
The petitioners applied for bail after arrest, which was dismissed by the Additional Sessions Judge (West), Islamabad vide order dated 05.08.2021 and they moved the IHC seeking bail.
The court observed that admittedly, they are not the principal accused under Section 302 PPC but are to face the trial with respect to offences under Sections 109, 201, 511, 176 and 118 PPC.
It is also an admitted position that petitioners are not nominated in the FIR but were investigated and arrested as the investigation progressed.
It added that initially, they came under investigation in light of the statement made by the principal accused namely, Zahir Zakir Jaffer when he divulged the police that he had informed the parents about the confinement of Noor Mukaddam and also subsequently killing her.
The court also observed that question regarding admissibility or inadmissibility of such statement though is a question for the Trial Court to determine but prima facie Articles 38 to 40 of Qanoon-e-Shahadat Order, 1984 are attracted.
It added, “However, there is an independent CDR which clearly establishes that the principal accused was in touch with the petitioners in the early and late part of evening between 6:30/6:45 pm till 9:00 pm. Watchman (Chokidar) posted at the residence of the petitioners i.e. the place of occurrence also confirmed that he apprised Zakir Jaffer about the confinement of a girl and the entire scenario but no effort was made to report the matter to police. Likewise, intimation was made to one Tahir the CEO of Therapy Center about the entire situation but again no effort was made to inform the police authorities.”
The bench noted, “In view of the law and material placed on record prima facie it seems that the petitioners aided and abetted the principal accused in the commission of offence inasmuch as they had the information that Noor Mukaddam was in confinement yet did not make any attempt to inform the police authorities. The said fact is borne out independent of the statement of Zahir Zakir inasmuch as watchman (Chokidar) Iftikhar categorically stated that he informed Zakir Jaffer about the confinement of a girl and then Zakir Jaffer called Tahir CEO of Therapy Center with respect to the said fact. The abetment is not only restricted to the extent of actual physical assistance but passive assistance may also in the facts and circumstances amount to the offence under Section 109 PPC.”
The court further said that however, in the case of Tariq Bashir and the judgments that follow there are certain exceptions under which bail may be refused even if an offence does not fall within the prohibitory clause.
“One such exception is that where it is felt that an accused, if enlarged on bail, might tamper with the prosecution evidence or influence the prosecution witnesses or obstruct the course of justice,” added the court.
The IHC continued that the petitioners, as per the material available on record, did try to conceal the evidence and clear the scene of crime in order to protect their son by calling personnel from Therapy Center and did not inform the police authorities.
The case is almost ripe for trial, hence there is every likelihood that if they are enlarged on bail they might obstruct the course of justice, tamper with the prosecution evidence and/or try to influence the trial.
Copyright Business Recorder, 2021
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