The Supreme Court on Tuesday upheld the death sentence of Zahir Jaffer, convicted of brutally murdering Noor Mukadam nearly four years ago, in a development dubbed a “rare achievement” and “victory for women”.
Noor, aged 27 years, was found murdered at Zahir’s Islamabad residence in July 2021, with the probe revealing she was tortured before being beheaded. Zahir was handed the death sentence by a trial court, which he had challenged in the Islamabad High Court in 2023. The IHC too had upheld the sentence.
Subsequently, he approached the top court. The appeal was taken up for hearing by a three-member bench comprising Justices Hashim Kakar, Ishtiaq Ibrahim and Ali Baqar Najafi.
Here’s what lawyers had to say about today’s verdict.
‘Rare victory for women’
Lawyer Zainab Shahid said Zahir’s death sentence brought a sense of justice and closure to the gruesome episode of violence.
“It marks a departure from high-profile cases of violent crime in the past where perpetrators were acquitted by the highest appellate forum due to errors or failures by law enforcement agencies and state prosecutors in the investigative, evidentiary and trial stages of the case,” she said.
This sentence, Zainab continued, also served as a reminder that members of society otherwise considered too privileged could still be held accountable to the law, despite the avenues for coerced pardons created by the diyat laws.
“This verdict is a rare victory for the women of Pakistan and the protection of their lives against gender-based violence,” the lawyer added.
‘Justice has prevailed’
“Against all odds, and in a broken criminal justice system, justice has prevailed,” said Barrister Rida Hosain. However, she noted that the case underscored the need for gender sensitisation training of superior court judges.
“During the course of the hearing, Justice Hashim Kakar is reported to have made various insensitive remarks that reflect a deeply patriarchal mindset. It is not for judges to give lectures on morality. Nor is it for judges to pass adverse comments regarding a victim’s character and decision-making. It is not the victim who is on trial,” she noted.
The lawyer referred to Justice Kakar’s comments during today’s hearing, wherein he expressed displeasure over reports that Noor and Zahir were living together. “This happens in Europe, not here,” he said, adding that a man and woman living together out of wedlock was “unfortunate” and “against religion and morals”.
“Noor Mukadam came to [Zahir’s] house herself, would that not reduce the punishment for abduction?” he wondered.
Speaking to Dawn.com, Hosain regretted that “archaic and dangerous ideals of the ‘perfect’ victim still dominate our response” to cases of violence against women. “It is hoped that our justice system reaches a stage where we can break away and confront these dangerous stereotypes,” she added.
‘A credit to Noor’s family’
Barrister Asad Rahim Khan termed the order a “rare accomplishment”.
“It’s not common that rich, violent psychopaths are brought to justice by the court of last resort here. It is a credit to Noor’s family that they weren’t coerced by blood pardons, by the prosecutors who marshalled all the evidence, and by civil society that continued centring the senseless brutality of this murder.
“But for justice to be truly delivered to Noor’s loved ones, the sentence must be carried out,” he said.
‘SC judgment must be a harbinger for reforms’
Lawyer Mirza Moiz Baig termed the SC order unexceptionable, given that there were “no legal lacunae” in the IHC judgment — wherein it had earlier upheld Zahir’s sentences.
“We need to understand that while the SC was hearing the appeals, it could not have reappraised the evidence but could have only considered if the trial court had misread the evidence or if it had misapplied the law in the case,” he noted.
“Given that this case has already gone through one round of appeal, I believe that the SC’s decision is unexceptionable. It reinforces the belief that there is no place for crime against women in society. Nonetheless, let us also bear in mind that the trial in the case and convictions awarded were partly because of the pressure mounted by civil society and the media,” Baig highlighted.
He added that there were a “number of Noor Mukadams across the country” who continued to be subjected to violence in all its forms and manifestations.
“So it is important for us to address structural issues that allow violence against women. This judgment must be a harbinger for much-needed reforms and changes in our criminal investigation and prosecution system. Otherwise, we continue to hear and read about cases like this,” the lawyer added.
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