ISLAMABAD - In Noor Muqaddam murder case, her father Shaukat Ali Muqaddam Friday approached the Islamabad High Court (IHC) seeking enhancement of sentences to three convicts including Zahir Jaffer, the primary accused who was awarded death sentence.
The petitioner filed the petition through his counsel Shah Khawar Advocate and cited Zahir Zakir, Muhammad Iftikhar and Muhammad Jan as respondents.
It was February 24 when Additional District and Sessions Judge Muhammad Atta Rabbani announced the verdict which he had reserved earlier after hearing the arguments of both the parties and awarded capital punishment to Zahir Jaffer while co-accused Muhammad Jan and Muhammad Iftikhar, servants at Zahir’s house, had been sentenced to 10 years in prison each.
However, the court ordered to acquit Zahir’s mother Asmat Adamjee, father Zakir Jaffer and cook Jamil along with all employees of Therapy Works.
In the current petition, Noor’s father adopted the stance that the order of these sentences had been passed in a lenient manner by the trial court in favour of the convicts and thus, is not in accordance with law and facts of the present case.
He stated that it is evident from the evidence available from the record that respondents no 01 to 03 were fully involved with regard to their relevant charges as mentioned above while, the trial court extended undue favour to them by not awarding complete sentence as provided in the relevant provisions of the PPC.
“The findings and reasons given to support the quantum of punishment are superficial and devoid of force and from bare perusal of the impugned judgment, it is explicit that respondents no 01 to 03 were given undue favour while ignoring impartial, credible and confidence inspiring evidence of the prosecution,” added the petitioner.
He maintained that it is of relevance to mention here that the time, place and the mode of occurrence was admitted by the defense and trial judge as well as the defense failed to create any dent, discrepancy and contradiction in the prosecution evidence as the same was furnished by natural, uninterested and impartial witnesses and the same was accepted to convict three respondents, but while awarding them sentence of a lesser degree the trial court committed illegality.
Muqaddam continued, “The case against respondents 1 to 3 was well-established through digital, forensic and other modern form of evidences which was overlooked and neglected by learned trial court while sentencing them with lesser punishment.”
His counsel said that the court while passing the judgment ignored the relevant principles of superior courts laid down regarding the quantum of sentence and the judgment passed with lenient view and lesser sentence by court against the convicts is devoid of reasoning and hence is self-contradictory.
He further said, “The trial court while passing the judgment of lesser sentence had further failed to appreciate that without involvement, assistance, and illegal voluntary omission of respondents 02 and 03 the crime would not had taken place in the first instance, which ultimately resulted into merciless, gruesome, shocking and brutal murder of an innocent human which caused severe distress and outrage towards public at large.”
He added that the prosecution had also proved their case to the extent of respondents 01 to 08 beyond any shadow of doubt however the trial court failed to appreciate this very fact by sentencing them in a lenient manner, and not as laid down in the PPC.
Therefore, he prayed to the court that judgment of lenient sentence dated 24.02.2022 to the extent of respondents 01 to 03 may kindly set aside and the sentence awarded to them be enhanced as per the provisions of PPC and CrPC and in accordance with the facts and circumstances of the case, in the best interest of justice.
It was July 20, 2021 when 27-year-old, Noor Muqaddam was brutally beheaded and murdered in Sector F-7/4 of Islamabad sparking outrage across the country. A first information report was registered the same day against Zahir Jaffer — the primary accused who was arrested from the site of the murder — under Section 302 (premeditated murder) of the Pakistan Penal Code on the complaint of the victim’s father, Shaukat Muqaddam, who is a retired diplomat.
Shaukat Ali Muqaddam has adopted that the order had been
passed in a lenient manner
The petitioner filed the petition through his counsel Shah Khawar Advocate and cited Zahir Zakir, Muhammad Iftikhar and Muhammad Jan as respondents.
It was February 24 when Additional District and Sessions Judge Muhammad Atta Rabbani announced the verdict which he had reserved earlier after hearing the arguments of both the parties and awarded capital punishment to Zahir Jaffer while co-accused Muhammad Jan and Muhammad Iftikhar, servants at Zahir’s house, had been sentenced to 10 years in prison each.
However, the court ordered to acquit Zahir’s mother Asmat Adamjee, father Zakir Jaffer and cook Jamil along with all employees of Therapy Works.
In the current petition, Noor’s father adopted the stance that the order of these sentences had been passed in a lenient manner by the trial court in favour of the convicts and thus, is not in accordance with law and facts of the present case.
He stated that it is evident from the evidence available from the record that respondents no 01 to 03 were fully involved with regard to their relevant charges as mentioned above while, the trial court extended undue favour to them by not awarding complete sentence as provided in the relevant provisions of the PPC.
“The findings and reasons given to support the quantum of punishment are superficial and devoid of force and from bare perusal of the impugned judgment, it is explicit that respondents no 01 to 03 were given undue favour while ignoring impartial, credible and confidence inspiring evidence of the prosecution,” added the petitioner.
He maintained that it is of relevance to mention here that the time, place and the mode of occurrence was admitted by the defense and trial judge as well as the defense failed to create any dent, discrepancy and contradiction in the prosecution evidence as the same was furnished by natural, uninterested and impartial witnesses and the same was accepted to convict three respondents, but while awarding them sentence of a lesser degree the trial court committed illegality.
Muqaddam continued, “The case against respondents 1 to 3 was well-established through digital, forensic and other modern form of evidences which was overlooked and neglected by learned trial court while sentencing them with lesser punishment.”
His counsel said that the court while passing the judgment ignored the relevant principles of superior courts laid down regarding the quantum of sentence and the judgment passed with lenient view and lesser sentence by court against the convicts is devoid of reasoning and hence is self-contradictory.
He further said, “The trial court while passing the judgment of lesser sentence had further failed to appreciate that without involvement, assistance, and illegal voluntary omission of respondents 02 and 03 the crime would not had taken place in the first instance, which ultimately resulted into merciless, gruesome, shocking and brutal murder of an innocent human which caused severe distress and outrage towards public at large.”
He added that the prosecution had also proved their case to the extent of respondents 01 to 08 beyond any shadow of doubt however the trial court failed to appreciate this very fact by sentencing them in a lenient manner, and not as laid down in the PPC.
Therefore, he prayed to the court that judgment of lenient sentence dated 24.02.2022 to the extent of respondents 01 to 03 may kindly set aside and the sentence awarded to them be enhanced as per the provisions of PPC and CrPC and in accordance with the facts and circumstances of the case, in the best interest of justice.
It was July 20, 2021 when 27-year-old, Noor Muqaddam was brutally beheaded and murdered in Sector F-7/4 of Islamabad sparking outrage across the country. A first information report was registered the same day against Zahir Jaffer — the primary accused who was arrested from the site of the murder — under Section 302 (premeditated murder) of the Pakistan Penal Code on the complaint of the victim’s father, Shaukat Muqaddam, who is a retired diplomat.
Shaukat Ali Muqaddam has adopted that the order had been
passed in a lenient manner
