ISLAMABAD: A district and sessions court in Islamabad Wednesday reserved its verdict on a petition seeking the formation of a medical board to ascertain the mental competency of Zahir Jaffer, the prime suspect in the high-profile murder of Noor Mukadam.
On December 1, Jaffer’s counsel filed an application seeking the formation of the board to determine his mental health. It maintained Jaffer “is suffering from a severe mental ailment which is necessary to be determined through an authorised medical board according to the commands of the legislature and local and international law”.
Jaffer is a chronic patient of schizoaffective disorder due to drug psychosis and the same was the position at the time of his arrest in July, it added.
At the hearing on Wednesday, the counsel for Shaukat Mukadam, the victim’s father, requested the court to dismiss the plea highlighting the fact that he has been showing up for proceedings every now and then.
“The application was filed exactly when the case trial was ending,” he said.
Public prosecutor Hassan Abbas observed Jaffer had been teaching at a school. He recalled that the suspect had asked why Section 201 (causing disappearance of evidence of the offence, or giving false information to screen offender) was imposed on him at one of the hearings.
“All these things are on record,” Abbas pointed out, adding he was against the application too.
Sikandar Zulqarnain, Jaffer’s counsel, on the other hand, argued the insanity plea was submitted after witnessing his client’s behaviour in court.
Jaffer was thrown out of court twice between November 3 and 10 for misbehaving in the courtroom and hurling profanities at the judiciary. He was warned by the judge to mend his behaviour as well.
Subsequently, the court reserved its verdict in the formation of the medical board till January 15.
On October 20, the sessions court began the case trial in the case. 12 suspects — including Jaffer — were indicted for the grisly murder of Mukadam, 27.
Other suspects included Jaffer’s parents Zakir Jaffer and Asmat Adamjee, his domestic staff Muhammad Iftikhar, Jameel Ahmed, and Muhammad Jan, and six Therapy Works employees including CEO Tahir Zahoor.
The insanity defense is recognised internationally. According to Cornell University’s Legal Information Institute (LII), “in an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness”.
It is based on the idea the accused is incompetent to stand trial. “In accordance with due process requirements, a criminal defendant cannot stand trial if he or she is deemed legally incompetent,” the LII says.
The United States has refined legislation on an insanity defense to prevent the misuse of the law.
