ISLAMABAD:
The Supreme Court on Tuesday upheld the death sentence of Zahir Jaffer for the brutal 2021 murder of Noor Mukadam, a case that shocked the nation and drew widespread attention.
This final ruling by the top court leaves a presidential pardon under Article 45 of the Constitution as the only possible avenue for relief. That clause allows the president to grant reprieve, suspend, or commute a sentence.
Noor Mukadam, 27, was discovered murdered at Zahir’s residence in Islamabad in July 2021. Investigations revealed she was subjected to torture before being beheaded. The trial court had sentenced Zahir to death, a verdict later affirmed by the Islamabad High Court (IHC).
A three-judge Supreme Court bench—headed by Justice Hashim Kakar and comprising Justices Ishtiaq Ibrahim and Ali Baqar Najafi—heard the appeal and upheld Zahir’s death sentence under Section 302(b) of the Pakistan Penal Code (PPC) for premeditated murder.
However, the court revised the IHC’s second death sentence related to rape charges under Section 376, commuting it to life imprisonment. It also reduced Zahir’s 10-year sentence for kidnapping with intent to murder (under Section 364) to one year.
The Supreme Court maintained the order for Zahir to pay Rs500,000 in compensation to Noor’s legal heir and upheld a Rs100,000 fine imposed by the trial court in 2022.
The appeals of two co-accused—household staff members Mohammad Iftikhar (watchman) and Jan Mohammad (gardener)—were also addressed. The court reduced their 10-year sentences to time already served, ordering their release.
Advocate Shah Khawar, representing Noor’s father, retired diplomat Shaukat Mukadam, confirmed the release, stating, “They will now be freed.”
The court has not yet issued a detailed written judgment but is expected to rule soon on an appeal filed by Noor’s father challenging the acquittal of Zahir’s father, Zakir Jaffer.
During proceedings, some judges made remarks suggesting Noor’s presence alone with Zahir was against societal values, a comment criticized by women’s rights activists. Farzana Bari, an activist present in court, noted these attitudes reinforce harmful ideas that contribute to victim-blaming and undermine justice for women.
“This is a victory for all Pakistani women,” said Shafaq Zaidi, a childhood friend of Noor’s. “It shows that justice can be achieved, and it gives women hope in the legal system.”
Human rights activist Tahira Abdullah called the ruling a significant step in the broader struggle for gender justice, especially in a legal environment often marked by misogyny and entrenched patriarchy.
Arguments During the Hearing
Zahir’s lawyer, Barrister Salman Safdar, argued that the evidence must meet the legal standard of “beyond reasonable doubt” and that the court should not rely on unverified footage that could not be played in previous hearings.
The co-accused’s lawyer argued that the watchman and gardener were not involved in the crime beyond being present at the scene, though the court noted their failure to help Noor may have influenced the outcome.
Khawar, the lawyer for Noor’s father, emphasized that all evidence, including DNA and blood tests, supported the prosecution’s case. He argued Noor had been unlawfully confined for 40 hours before being murdered.
Justice Kakar questioned whether this constituted abduction or merely unlawful confinement. Justice Ibrahim asked about DNA evidence, which Khawar confirmed matched Zahir and supported rape and murder charges.
The state’s lawyer urged the court not to show leniency, calling the crime heinous and stating it should serve as an example to deter future offenders.
Background of the Case
Noor was murdered on July 20, 2021, at Zahir’s home in Islamabad’s F-7/4 area. Zahir was arrested at the crime scene, and a First Information Report (FIR) was registered the same day. In February 2022, a trial court sentenced him to death for murder and 25 years for rape. His household staff received 10-year prison terms each.
Zahir’s parents, Zakir Jaffer and Asmat Adamjee, along with several staff from Therapy Works (whose team visited the crime scene before the police), were initially indicted for trying to conceal the crime. They were later acquitted.
In March 2023, the Islamabad High Court not only upheld Zahir’s death sentence but added a second death penalty, converting the 25-year rape sentence into capital punishment. Zahir appealed to the Supreme Court the following month, arguing the lower courts had misinterpreted evidence and ignored flaws in the FIR.
Details of the Incident
According to the FIR filed by Noor’s father, she had gone missing on July 19, 2021. Her parents later received a call from Zahir claiming she was not with him. On July 20, Kohsar police informed Shaukat Mukadam that his daughter had been killed.
At Zahir’s residence, Shaukat found Noor’s body. Forensic evidence, including DNA tests and fingerprint analysis, confirmed Zahir’s involvement. He later confessed to the crime during the investigation.
Zahir’s defense argued that no mental health evaluation had been conducted, but the court dismissed this claim, emphasizing the gravity of the murder.
