SC dismisses ‘conjecture’ on IHC’s two-month deadline to wrap Noor case


ISLAMABAD:

The Supreme Court (SC) on Friday rejected the contentions of Zahir Jaffer’s, prime accused in Noor Mukadam homicide case, dad and mom’ counsel towards the Islamabad High Court (IHC)’s deadline to conclude the trial inside eight weeks.

In a written order, authored by Justice Umar Ata Bandial, on the petitioners’ bail pleas, the courtroom noticed that the “Learned counsel for the petitioner has urged that the time period of eight weeks specified in the paragraph 14 of the impugned judgment dated 23.09.2021 “to conclude the trial expeditiously ideally inside eight weeks from the framing of cost” deprives the petitioner of a good alternative to guide his defence. We don’t agree with that submission which is conjectural and irrespective of reality.”

A division bench of the apex courtroom led by Justice Bandial granted bail to Zahir Jaffer’s mom, Asmat Zakir Jaffer, 4 days in the past.

The written order additional said that the petitioners (dad and mom) have the precise to current their defence earlier than the trial courtroom and on this respect the trial courtroom shall take into account and determine their pleas in accordance with regulation as envisaged in Article 10A of the Constitution.

“Be that as it may, without going into the merits of the case, we consider that the petitioner being a woman may be granted bail under the first proviso to section 497(1), Cr.P.C in absence of any circumstances that may justify declining this relief to her. The prosecution has not been able to point out any such circumstance,” the order said

Read Noor Mukadam homicide: ‘A mother’s wounds by no means heal’

The SC order held that “without interfering with the directions given by the Islamabad High Court in the judgment dated 29.09.2021 and in the light of the observations made by us above, we convert this petition (Crl.P. No.1110 of 2021) into appeal and grant bail to the petitioner Asmat Zakir Jaffer subject to her name being retained on the ECL and her furnishing bail bonds in the sum of Rupees One Million with one surety in the like amount to the satisfaction of the learned Trial Court concerned.”

“Needless to say that this concession of bail could also be withdrawn if the petitioner misuses it in any method, together with inflicting a delay within the expeditious conclusion of the trial or influencing the prosecution witnesses,” the order added.

Indictment plea disposed

In a separate listening to, the IHC disposed of the accused’s dad and mom’ plea difficult the trial courtroom’s order to indict 12 accused within the case, after the petitioners’ counsel withdrew it.

The courtroom indicted 12 individuals, together with Zakir Jaffer and Asmat Adamjee, in Islamabad on October 14. All of the accused had pleaded not responsible to the fees.

The plea said that the courtroom “abused its authority”.

Today, Zakir Jaffer’s counsel Raja Rizwan Abbasi withdrew the petition upon which Justice Amir Farooq disposed of the plea.

On October 22, it was reported that Asmat and Zakir together with Therapy Works CEO Tahir Zahoor moved the IHC towards the non-provision of the entire case file to the defence workforce.

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