My client is mentally ill - Zahir Jaffer's counsel tells SC in death sentence appeal
Pakistan
Justice Baqar Najafi inquired whether the issue of mental illness had been raised during trial
ISLAMABAD (Dunya News) – The Supreme Court of Pakistan has postponed the hearing of Zahir Jaffer’s appeal against his death sentence in the Noor Mukadam murder case.
The three-member bench, headed by Justice Hashim Kakar, deferred the proceedings to May 19 after Zahir’s counsel, Barrister Salman Safdar, requested time to submit additional documents.
During the hearing, Justice Hashim Kakar questioned the need for adjournment, stating, “If you're present in court, why ask for a delay?” Barrister Salman Safdar argued that Zahir Jaffer is mentally ill, a point allegedly overlooked by the lower courts, and claimed that the documents he intends to submit could “entirely change the case.”
Justice Baqar Najafi inquired whether the issue of mental illness had been raised during trial or in the High Court. Safdar replied that both courts had ignored the matter.
Justice Kakar observed, “If you can raise the issue today, what difference does a separate application make? In our court, cases are only adjourned in the event of a judge or lawyer’s death.” He added, “If someone has spent 20 years on death row and is acquitted, what would he feel? Our leniency in granting delays is the real flaw, not the system.”
Safdar further argued that no medical board was ever constituted to assess Zahir’s mental condition. On the other hand, Shah Khawar, counsel for the complainant, strongly opposed the request for constitution of the medical board, but Justice Najafi remarked, “Let the application come first, then you can oppose it.”
The court eventually adjourned the hearing until May 19 by consensus of both parties and directed lawyers to appear fully prepared at the next session.
