ISLAMABAD: The Islamabad High Court (IHC) on Wednesday dismissed the petitions seeking post-arrest bail of Zahir Jaffer’s parents – Zakir Jaffer and Asmat Adamjee – observing that they may influence the trial proceedings of Noor Mukadam’s murder.

IHC Justice Aamer Farooq directed the additional district and sessions judge to conclude the trial within two months.

Initially, Zakir Jaffer and Asmat Adamjee were not nominated in the first information report (FIR) but implicated subsequently. They applied for bail after arrest, which was dismissed by the additional district and sessions judge on Aug 5.

Advocate Khawaja Haris Ahmed argued that out of five different offences under which the petitioners are implicated, only section 109 falls within the prohibitory clause. It was contended that the offences against the petitioners were bailable.

They may tamper with prosecution’s evidence, judge says

He said the case against the petitioners was primarily based on the statement made by the principal accused, Zahir Jaffer, wherein apparently he disclosed that he had informed his parents about the abduction of Noor Mukadam and her death but the same was inadmissible in evidence.

It was contended that the law, as it has evolved, was clear that any confession made before the police was inadmissible in evidence whereas the discovery made during the course of investigation was admissible.

Mr Haris highlighted that Articles 38 to 40 of the Qanoon-i-Shahadat Order, 1984 stated that incriminating material independent of the statement of Zahir Jaffer against the petitioners was only the call details record (CDR), which per se did not prove their guilt.

He pointed out that there was no material on the basis of which it could be said that the petitioners aided and abetted the principal accused; section 109 PPC is not applicable and the other offences are either bailable or do not fall within the prohibitory clause, hence, grant of bail in this case would be a rule and refusal an exception.

He added that the case against the petitioners was one of further inquiry as only the CDR of phone calls made to and from the cellular phone of the petitioners was available without any transcript. He said this record did not suggest what the content of the conversations that happened between them and the principal accused and others was.

State Counsel Zohaib Gondal along with counsel for the complainant, Shah Khawar, argued that probable time of death of the victim was about 7pm and CDR clearly showed that there was exchange of calls between 6:30 and 9pm. Moreover, the watchman had categorically stated that he had informed Zakir Jaffer about the confinement of a girl by Zahir and also suggested that the matter be reported to police authorities.

It was further informed to the court that on Sept 23, copies of the documents had been handed over to the accused and the case was now fixed for framing of charge on Oct 6.

“In view of the law and material placed on record prima facie it seems that the petitioners aided and abetted the principal accused in the commission of offence in as much as they had the information that Noor Mukadam was in confinement yet did not make any attempt to inform the police authorities.

“The petitioners, as per the material available on record, did try to conceal the evidence and clear the scene of crime in order to protect their son by calling personnel from Therapyworks and did not inform the police authorities,” the judge said.

The case is almost ripe for trial, hence it is likely that if they are granted bail, they might obstruct the course of justice, tamper with the prosecution’s evidence and/or try to influence the trial, the verdict said.

Subsequently, the bail petitions were dismissed. The court however directed the trial court to frame the charges against the accused persons on Oct 6 and conclude the trial in eight weeks.

Published in Dawn, September 30th, 2021