Asmat Jaffer's 'involvement' in Mukaddam murder case: SC directs prosecution to produce evidence

ISLAMABAD: The Supreme Court directed the prosecution to furnish evidence to the extent of Asmat Jaffer's alleged involvement in the high-profile murder case of Noor Mukaddam.

A three-judge bench, headed by Justice Umer Ata Bandial, heard the bail petitions of Zahir Jaffer's parents - Zakir Jaffer and Asmat Jaffer.

The case was adjourned due to sudden death in Justice Bandial's family.

The presiding judge after the court-break told the counsels that due to death in the family he has to rush to Lahore.

At the onset of the hearing, Justice Syed Mansoor Ali Shah questioned where is the name of Asmat Jaffer in the Islamabad High Court (IHC) judgment?

Justice Bandial observed that there is no name of Asmat Jaffer in the IHC verdict, adding they are trying to understand the case.

Khawaja Haris, representing Zakir Jaffer and Asmat Jaffer, stated that Zahir Jaffer was booked on the charge of murdering Noor Mukaddam as his parents were in Karachi at the time of the incident.

Justice Qazi Muhammad Amin said murder of Noor Mukaddam is a tragic incident.

"We have sympathies with the deceased family."

He asked Zahir parents' counsel that they are seeking information from him to understand the case.

Khawaja Haris said the IHC had directed the trial court to conclude the murder case within two months, adding it would affect the right of fair trial.

Khawaja Haris told that so far, forensic reports have not been received.

However, the advocate general Islamabad said that the forensic reports, except mobile phones, have been received.

The top court directed the prosecution to present evidence to the extent of Asmat's alleged involvement in the case.

Justice Bandial said that fair trial is a must but due to delay the anxiety of the Noor Mukaddam's family has increased.

Zakir Jaffer and Asmat Jaffer on October 6 had filed appeals against the verdict of the IHC, which on September 29, 2021 turned down their post-arrest bails.

The high court judgment said the parents knew that Zahir Jaffer had taken Noor hostage but they did not inform the police.

The family's watchman made it clear that he had alerted Zakir Jaffar about the situation, the court's decision had stated.

The appeals contend that the decision to dismiss the bail of the parents of the prime accused was "arbitrary, capricious, based on unsubstantiated conjectures and surmises and it is submitted with the utmost respect, perverse and liable to be set aside as such."

Khawaja Haris submitted that the high court committed a "grave jurisdictional error in denying bail" to the petitioners, merely because they did not inform the police of the "commission of an offence in terms of Section 44 CrPC, when the law in this respect is that an omission to report an offence attracts punishment under Section 176 CrPC, which is a bailable offence".

He stated that the "investigation in the case has been completed" and the petitioners were no longer required for purposes of investigation.

He also said that there were no chances of evidence tampering, if Zakir and Asmat were released on bail.

Copyright Business Recorder, 2021