The Supreme Court in Pakistan has handed down its detailed written judgment in the Noor Mukadam killing case and maintained the death sentence of convicted Zahir Jaffer.
The verdict spans 13 pages and repeats the court’s position that Jaffer found guilty of the brutal killing is “a ruthless killer” and “not worthy of sympathy.”
According to the judgment, the Supreme Court maintained the decisions of both lower courts and denoted them correct and unanimous. A key element of the court’s reasoning was based on the silent testimony theory – a legal principle that allows video vision to be accepted, even in the absence of an eyewitness.
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The court noted, “Authentic recordings can serve as self -sufficient evidence, and recorded video or images can be presented as testimony.”
The Apex Court emphasized that recordings obtained through a reliable system could be assumed for reality treatment on its own with reference to the precedent of a bank robbery in which video recordings were accepted without eyewitnesses. It added that US courts have largely recognized the silent testimony.
In Jaffer’s case, the Court noted that CCTV recordings, DVR and hard drive all were presumed forms of evidence. The court stated that there was no indication of manipulation in the video recordings, the identification of the defendant was accurate and the DNA report confirmed rape.
Murder weapons also turned out to have the victim’s blood on it.
The judgment observed: “The judgment failed to give any explanation to Noor’s presence. Digital evidence is now considered primarily testimony. If CCTV recordings meet the set standards, no additional verification is needed.”
The Court also maintained Jaffer’s death sentence for murder, but converted his sentence for rape to life prison. He was acquitted of the abduction tax while his sentence for illegally limiting noor was maintained.
The Supreme Court also gave up that penalties for co-accused Muhammad iftikhar and Muhammad Jan would stand. In a show of easing, however, it ordered their release on the grounds that they had already earned sufficient time.
The verdict concluded with a note that justice Ali Baqar Najafi would add a supplementary note to the verdict.
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Noor, 27, was brutally murdered on July 20, 2021 in a residence in Islamabad’s F-7/4 sector. A FIR was admitted the same day, which led to the arrest of Jaffer on the crime scene.
In February 2022, a district and sessions handed down Court Zahir’s death penalty for murder and sentenced him to 25 years of string prison for rape. Two domestic employees, Mohammad Iftikhar and Jan Mohammad, were each sentenced to 10 years in prison for their commitment.
Zahir’s parents, Zakir Jaffer and Asmat Adamji – both prominent business figures – were indicted in October 2021, but later acquitted. Similarly, six employees in therapy works arriving at the scene of police were also cleared of charges of the trial.
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Previously, a three-member bench had led by Justice Hashim Kakar and consisting of Justices Ishtiaq Ibrahim and Ali Baqar Najafi dismissed Jaffer’s appeal.
The Court maintained Islamabad High Court’s (IHC) earlier decision, which had confirmed the death sentence of the law and replaced Zahir’s prison period for rape with a further death penalty.
During these hearings, Jaffer’s defense lawyer, Salman Safdar, argued for the prosecutor’s case to rest heavily on CCTV recordings and DVR recordings.
He questioned the chain of custody of digital evidence and claimed that the recordings could not be considered crucial without full verification. His objections included claims that the recordings, when presented to IHC on a USB, could not be played and therefore should not qualify as a definitive proof.
Despite these arguments, the peak court found the digital evidence reliable and legally acceptable.
