November 26, 2025
By Rana Malhi
ISLAMABAD
In a seven page additional note explaining his reasons, Justice Ali Baqar Najafi of the Supreme Court said he fully agreed with the majority judgement in the Zahir Jaffer case that rejected the appeal against a death sentence for the murder of Noor Mukaddam, but went on to add several observations on the evidence, the procedural objections raised by the convict, and what he described as the broader social context of the crime.
The majority judgment, announced earlier, had upheld Jaffer’s death sentence for the murder charges, but converted his death sentence for rape (under Section 376 of the Pakistan Penal Code) into life imprisonment. The court also reduced his kidnapping sentence from 10 years to one year but at the same time maintained the compensation awarded to the victim’s family.
Two of the co-accused, including household employees Jan Muhammad and Muhammad Iftikhar, were also ordered to be released. Meanwhile a review petition filed by Jaffer remains pending.
In his additional note, Justice Najafi stated that he had read the majority ruling “in toto” and concurred with it, but felt it necessary to record “some additional reasons.”
‘Delay in FIR and post-mortem ‘not unusual’
The judge addressed the defence’s objection regarding the timing of the FIR, which was registered at 11:30 pm on 20 July 2021. He observed that the complainant, Noor’s father Shaukat Ali Mukadam, had testified that he first learned of his daughter’s death around 10 pm. Justice Najafi wrote that the complainant, having received the “greatest shock of his life,” needed time to gather himself before providing a statement.
He also noted that other witnesses, including security guards and neighbours who reached the crime scene between 9 pm and 10 pm, corroborated the complainant’s account. There was “no element of concoction or deliberation” in the delay, he wrote.
On the issue of the autopsy being conducted the next morning, approximately 12 hours after the body was recovered, Justice Najafi said the law required post-mortem examinations to be conducted once the inquest and injury statements were complete. He added that in high-profile cases, doctors usually adhere strictly to procedural rules and often conduct autopsies during regular working hours. The delay, therefore, was not significant enough to undermine the prosecution’s case.
CCTV and DVR evidence corroborated prosecution case
Justice Najafi reviewed the CCTV evidence, which was earlier examined by both the trial court and the Islamabad High Court. He noted that the footage showed Noor jumping from the first floor onto a railing in an attempt to escape. It further showed her limping towards the main gate, which the guard then locked. According to the judge, the footage also showed the convict chasing her, snatching her mobile phone, confining her in a guardroom and then taking her back inside the house. That was “her last glimpse” on the recordings before the murder took place, out of camera view.
The judge underscored that the CCTV footage, along with the recovery of Noor’s mobile phone from Jaffer’s possession, formed a chain of circumstantial evidence linking him directly to the crime.
Insanity plea rejected
Jaffer’s defence had claimed that he was of unsound mind and, at one point, argued that he became unconscious after taking drugs during a supposed party at his house. Justice Najafi rejected these claims, noting that the plea of mental incapacity was never raised at the time of trial or during earlier proceedings. He added that no evidence was presented to show that Jaffer had a psychiatric history, received treatment, or exhibited signs of mental illness.
The judge observed that the CCTV footage also contradicted the claim that a drug-fuelled gathering had taken place, as no such activity or guests were visible.
Rape conviction converted but evidence confirmed assault
Justice Najafi reaffirmed that medical evidence showed the presence of semen matching Jaffer’s DNA. However, he noted that the Supreme Court majority had already converted the death sentence under the rape charge to life imprisonment for reasons explained in the main judgment. He agreed with that conclusion.
No mitigating circumstances
The judge said the minor discrepancies pointed out by the defence, including timing differences or the absence of fingerprints on the murder weapon, did not weaken the prosecution’s evidence. The rope used in the crime was found tied both around Noor’s body and around Jaffer’s neck, which, he wrote, strengthened the chain of circumstantial proof.
Justice Najafi concluded that there were no mitigating circumstances in the case and that the prosecution had proven the charges beyond reasonable doubt.
Comments on relationship
In the final section of his note, Justice Najafi wrote that the case was “a direct result of a vice spreading in the upper society,” which he described as the concept of a “living relationship.” He said such arrangements defied “the law of the land” as well as Islamic teachings. He added that the younger generation should take lessons from the consequences seen in this case and that the matter was one for social reformers to examine.
Case background
Noor Mukaddam, 27, was murdered on 20 July 2021 in Islamabad. The trial court sentenced Jaffer to death in 2022, and the Islamabad High Court upheld the verdict in 2023. The Supreme Court’s recent decision, along with Justice Najafi’s additional note, leaves Jaffer’s murder conviction and death sentence intact, pending the outcome of his review petition.