ISLAMABAD: The Supreme Court rejected post-arrest bail of Zakir Jaffer, but granted bail to Asmat Jaffer, mother of the main accused in Noor Mukaddam murder case. A three-judge bench, headed by Justice Umar Ata Bandial, on Monday, heard the bail applications of Zahir Jaffer's parents. The bench dismissed Zakir's bail as the counsel withdrew the application.
Asmat was asked to deposit surety bonds of Rs1 million. The bench said the trial court without being influenced by the Islamabad High Court's verdict, decide the matter as per the law. Justice Bandial said the accused have the right of fair trial, adding they do not want to influence the trial, but wanted fair trial should not be compromised in any way.
He noted that prima facie there is no direct evidence against Asmat Adamjee. Justice Syed Mansoor Ali Shah said being a woman, Asmat should be granted bail. Justice Qazi Muhammad Amin observed that the criminal cases should be decided in three days, but could not be completed after two years.
Khawaja Haris, representing Zahir parents, informed that still the accused have not been provided with a complete record of the case. Shah Khawar, appearing on behalf of deceased father Shaukat Mukaddam, contended that Asmat had talked to the watchman after Noor had jumped from the terrace. If she wanted, Noor's murder could have been avoided.
Justice Syed Mansoor Ali Shah said prima facie it appeared that mother knew as much as the father of the main accused was aware, as they both were together on the fatal day. At the onset of the hearing, Haris argued that initially both of his clients were not nominated in the case, but they were included in the FIR after their statements to the police.
He said according to the calls record Asmat Jaffer did not contact Zahir. He said the murder took place between 6:30 pm to 7:30 pm; however, according to the FIR, the murder time is 10:00 pm. The counsel argued that allegation against the accused is that they tried to hide the murder. Justice Mansoor questioned whether Zahir's mental condition had been examined?
Haris replied that no test in this regard was done. Shah Khawaja stated a drug test of the main accused was conducted. He, however, accepted that no mental test of the accused had been done so far.
Justice Amin said the accused's mental condition is examined when he denies the charges. He said this question would arise at the time of accepting or denying the murder. Justice Mansoor said there is a possibility that father on phone was asking for murder or might be stopping Zahir from committing murder. Upon that Haris said there is also a possibility that the son was not telling the truth to his father.
Advocate General Islamabad informed that all the 12 accused have been convicted, adding the IHC had directed to complete the trial in eight weeks. The AG Islamabad informed that Asmat's 11 calls are on the record. Justice Mansoor said in view of the tragic incident on what grounds the bail be granted. Haris apprised that legally calls' record has no value.
Copyright Business Recorder, 2021
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