In an additional note written on the Noor Mukaddam murder case verdict, which was released today, Justice Ali Baqar Najafi, who is now a judge on the Federal Constitutional court, while upholding the sentence awarded to Zahir Jaffar, who murdered Noor in 2021, observed that “the present case [Noor Mukaddam’s case] is a direct result of a vice spreading in the upper society which we know as ‘living relationship’”.
It seems the judge was talking about a ‘live-in relationship’ where two people choose to live with each other instead of entering a marriage contract.
The additional note was part of a review petition of the murder case, which the apex court had heard last month. Zahir Jaffer had filed a petition, challenging charges against him.
During the hearing of the petition, Justice Najafi told senior counsel Khwaja Haaris representing Zahir Jaffer that it would be better to start the hearing instead of going through the additional note, which is why it was not made public earlier.
Later, Justice Najafi was appointed to the newly created Federal Constitutional Court.
In the note, Justice Najafi also stressed that live-in relationships ignore “societal compulsions” and “defy not only the law of the land but also the personal law” under Sharia and that engaging in such a relationship was “a direct revolt against Almighty Allah”.
He also stressed that the younger generation should be made aware of the “horrible consequences” of the present case.
Justice Najafi upheld the death sentence for Zahir Jaffer, saying that the prosecution’s evidence was circumstantial.
“One end of the rope is found tied with the dead body of Noor Mukadam, and the other end tied with the neck of the petitioner,” he said.
27-year-old Noor was found murdered at the family residence of Zahir Jaffer in July 2021. He was convicted in 2022 by the trial court in Islamabad and the Supreme Court upheld the death sentence given to Zahir Jaffer.
It is also important to note that it has not been reported during the investigation and media coverage of the case that she was in a live-in relationship with Zahir Jaffer.