Zahir Jaffer, convicted of Noor Mukadam’s murder, has moved the Supreme Court for a review of its earlier decision upholding his death sentence.
Filed through Khawaja Haris, the petition argues the “hype created on the social media” affected the investigation into the case as well as the trial and appeal, breaching his fundamental right to fair trial and due process. It further argues the judgment did not address the issue of unsoundness of mind or mental capacity of the petitioner despite it being raised before the court.
“It is submitted that the plea so raised on behalf of the petitioner is of immense significance, both as regards the validity of his trial as well as for purposes of determination of the petitioner’s culpability and/or quantum of sentence,” says the petition. It argues that not determining Jaffer’s mental state violates rights guaranteed under articles 4, 9, and 10A of the Constitution.
The plea also argues that the judgment relied on CCTV footage whose factual basis was not proved in court, adding the judges relied on testimony about the footage rather than the video itself.
In May, a three-member bench of the Supreme Court upheld the death sentence and fine announced for Jaffer over his murder of 27-year-old Mukadam in 2021.