The Supreme Court on Thursday issued its detailed written verdict in the high-profile Noor Mukadam murder case, upholding the death sentence of convict Zahir Jaffer and reaffirming the admissibility of video evidence under the "silent witness" doctrine.
A three-member bench headed by Justice Hashim Khan Kakar, and comprising Justice Ishtiaq Ibrahim and Justice Ali Baqar Najafi, ruled that authenticated video footage is admissible even in the absence of eyewitnesses and can be relied upon for conviction if its source is reliable and unaltered.
The 13-page judgment marks the conclusion of a case that shocked the nation in 2021 and became emblematic of violence against women and elite impunity in Pakistan.
“The principle of the silent witness has been widely accepted in American courts, and it is now being applied in Pakistan as well,” the bench observed, adding that CCTV footage, DVR recordings, and hard disks qualify as primary evidence if they meet legal standards.
The apex court upheld Zahir Jaffer’s death sentence under Section 302 (murder) and life imprisonment for rape, while setting aside his earlier convictions for kidnapping and extortion, granting limited relief. The court ordered his acquittal on kidnapping charges and commuted the extortion-related sentence.
The bench also ordered the release of co-accused Muhammad Iftikhar (watchman) and Muhammad Jan (gardener), observing that the sentences they had already served were sufficient.
Digital evidence as primary proof
In a significant development, the Supreme Court's ruling formally recognized digital and video evidence as primary admissible evidence, stating that no eyewitness is necessary when authentic footage exists.
Citing legal precedent, the court remarked that video evidence had previously been accepted in bank robbery cases and could stand alone if found reliable.
“Verification is not required if CCTV footage meets the prescribed standards. The footage presented in the present case was found to be authentic, with no signs of tampering,” the verdict said.
The court stated that Zahir Jaffer was correctly identified in the video, which showed him physically assaulting Noor Mukadam. It further noted that the DNA report confirmed the rape, and blood from the victim was found on the murder weapon.
“The accused is a ruthless killer and not deserving of any sympathy,” the judgment declared. “The decisions of both lower courts have been rightly and unanimously upheld.”
Background of the case
Noor Mukadam, a 27-year-old daughter of former diplomat Shaukat Mukadam, was murdered on July 20, 2021, at Zahir Jaffer’s residence in Islamabad's upscale F-7 sector. Her beheaded body was recovered from the scene, and Zahir was arrested on the spot.
The brutal killing sparked national outrage and a widespread demand for justice. Investigations revealed Noor had tried to escape multiple times but was forcibly detained. Security staff at the residence were found complicit in barring her escape.
In February 2022, an Islamabad sessions court sentenced Zahir to death and handed 10-year sentences to Muhammad Jan and Muhammad Iftikhar for aiding the crime. The Islamabad High Court upheld these verdicts in 2023, but the Supreme Court has now reversed the punishment for the co-accused.
Zahir’s parents, Zakir Jaffer and Asmat Adamjee, were also indicted but later acquitted by the trial court, a decision that remains under appeal.
During hearings in the Supreme Court, Zahir’s counsel Barrister Salman Safdar argued that his client was mentally unfit and that the prosecution’s case relied entirely on camera footage. The apex court, however, dismissed the plea, declaring that the digital and forensic evidence presented was sufficient for conviction.
