Noor Mukadam murder: SC cites CCTV as ‘silent witness’ in upholding Zahir Jaffer’s sentence

ISLAMABAD: The Supreme Court of Pakistan has issued a detailed written verdict upholding the death sentence of Zahir Jaffer in the Noor Mukadam murder case.

The judgment, released on Thursday, said that the death sentence handed down to Zahir Jaffer under Section 302 (murder) of the Pakistan Penal Code by the trial court and the high court has been upheld.

However, according to the written verdict, the death sentence awarded under Section 376 (rape) has been commuted to life imprisonment. The life sentence under the abduction charge has been overturned.

A three-member bench comprising Justice Hashim Kakar, Justice Ishtiaq Ibrahim and Justice Ali Baqar Najafi issued the verdict earlier. The 13-page written verdict has been authored by Justice Hashim Khan Kakar.

The verdict noted the critical importance of surveillance footage or CCTV recordings, provided their authenticity was confirmed after analysis.

Citing Black’s Law Dictionary and legal precedents from the United States, Canada, and the United Kingdom, the verdict stated that CCTV footage is admissible under the “silent witness” theory.

The court also upheld the sentences of co-convicts Muhammad Jan and Muhammad Iftikhar, who were found guilty alongside Zahir Jaffer. However, the Supreme Court said that since they have served sufficient time in jail, they should be released if not required in any other case.

Earlier, the Islamabad High Court had also rejected appeals against the sentences handed down by the Islamabad District and Sessions Court, upholding Zahir Jaffer’s death sentence in the Noor Mukadam murder case.

The Islamabad High Court had also converted Zahir Jaffer’s 25-year prison term for rape into a death sentence.

On February 24, 2022, the Islamabad District and Sessions Court sentenced Zahir Jaffer to death in the Noor Mukadam case while acquitting his parents.

The verdict was announced by District and Sessions Judge Ata Rabbani, in which three out of 12 accused were convicted, while the remaining nine were acquitted.

Can Zahir Jaffer still escape death penalty?

Despite the Supreme Court’s final verdict upholding Zahir Jaffer’s death sentence, constitutional provisions still allow for potential relief through presidential clemency. Article 45 of Pakistan’s Constitution empowers the President to grant pardons, reprieves or respites, and to remit, suspend or commute any court-ordered sentence, including capital punishment.

This legal avenue remains available now that all judicial appeals have been exhausted, though historical precedent suggests such interventions are exceptionally rare in death penalty cases. The constitutional clause specifically states that “the President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority,” leaving this as Jaffer’s last possible recourse to avoid execution following the conclusion of his appeals process.