ISLAMABAD - The Islamabad High Court (IHC) Wednesday issued notices to respondents in separate petitions filed by the parents of Zahir Jaffar — the prime suspect in Noor Mukadam murder case and Therapy Works CEO seeking annulment of the trial court order of framing charges against them. 
A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petitions and directed the respondents including the state and Shaukat Mukadam, father of Noor, to submit their responses in this matter. 
Zakir moved the court through his lawyer Raja Rizwan Abbasi and cited the state and Shaukat Mukadam as respondents. 
Last week, Additional Sessions Judge Atta Rabbani indicted 12 suspects including Zahir, his parents, Zahir’s employees Muhammad Iftikhar, Jameel Ahmed, and Muhammad Jan, and six Therapy Works employees including CEO Tahir Zahoor. 
In the petition filed in IHC, Jaffar stated that he moved a petition before the trial court that charge cannot be framed against him which was rejected vide order dated October 14 illegally and unlawfully. 
Zakir submitted the trial court’s verdict is inappropriate from a legal point of view. He added that the same is bad in law, not tenable in law, based upon whims and caprice. He added, “Impugned order further reveals that trial court presumed that framing of charge is a mechanical exercise of authority and whatever is labelled by the police, charge is to be framed as per wish of prosecution/ police authorities.” 
The petitioner continued, “Section 221 (5) CrPC is very much important which says that charge is framed equivalent to his statement that every legal statement prescribed to the offence is fulfilled.” 
He maintained that the case of prosecution is based upon surmises and conjectures and charge cannot be framed on the basis of whims of investigating officer. He added that the impugned order is reckless exercise of authority and against the basic provision of law. 
The petitioner further said that the impugned order also shows that the same is totally oppressive in nature and learned trial court has taken cognizance in violation of section 195(1)(a) of CrPC and charged has been framed in utter disregard to the mandate of law. 
Therefore, he prayed to the court that the instant petition may be accepted and order dated October 14 passed by the trial court may be set aside. 
In the separate application, the petitioners stated that the prosecution did not provide them copies of the evidence, hampering their defense preparation. 
During the hearing, the counsel of Zahir’s mother, Asad Jamal said that the police did not have a statement from any witness in the case. In response to it, public prosecutor Zohaib Gondal pointed out that a head constable was the witness and his statement had been recorded last week. 
Jamal also said that the CCTV footage was not being provided to him. At this, the prosecutor assured the court that the footage will be shared with the petitioner’s lawyer. 
Justice Farooq remarked that such lapses led to delay in trials and asked the prosecutor to ensure that such instances were avoided. He said that a fair trial required that all evidence should be provided to the petitioners. 
He observed that the court will pass an order binding the prosecutor to provide all necessary evidences to the defendants. 
Later, the court deferred the hearing till October 25 after issuing notices to the state and other respondents in the petition seeking annulment of the trial court order of framing charges against them.