The National Commission on the Status of Women (NCSW) on Friday strongly criticised Justice Ali Baqar Najafi for what it termed “misogynistic and irresponsible” comments included in his additional note in the Supreme Court judgment upholding the death sentence of Zahir Jaffer in the Noor Mukadam murder case.
In a public statement, the commission said the judge’s remarks amounted to victim-blaming and reflected a “deeply harmful mindset” that undermines judicial responsibility and public trust.
Judge Links Case to ‘Unmarried Cohabitation’
Justice Najafi now serving on the Federal Constitutional Court appended a seven-page note to the Supreme Court decision dismissing Jaffer’s appeal.
In it, he urged Pakistan’s youth to reflect on the “horrible consequences” the case revealed, framing it as part of a wider moral decline.
He linked the murder to what he described as a growing trend of “unmarried cohabitation” among the upper class, calling it a “vice” prohibited by both Pakistani law and Islamic teachings.
The judge characterised “living relationships” as a “direct revolt against Almighty Allah”, and said the state must guide young people on issues such as cohabitation, drug use, and associated social risks.
NCSW: Comments Shift Blame to Women
The NCSW rejected this framing, saying it distracts from the core issue: male violence and accountability.
“Women’s choices real or perceived can never justify or explain brutality, murder, or any form of gender-based violence,” the commission said.
Such remarks, it added, reinforce stereotypes and divert responsibility away from perpetrators.
The commission further noted that Justice Najafi’s comments contradict the judicial principles laid out by Justice Ayesha Malik, whose landmark judgment emphasised that courts must use language that is respectful, neutral, and free of personal or moral bias.
Call for Bias-Free Judgments
“These comments disregard judicial responsibility and risk eroding public confidence,” the NCSW said, urging the judiciary to uphold constitutional values, avoid gendered stereotypes, and ensure survivors are treated with dignity.
Justice, the commission emphasised, must be based on law and facts, not moral judgments.
Case Background
Noor Mukadam, 27, was found murdered in Islamabad’s Sector F-7/4 in July 2021. Primary suspect Zahir Jaffer was arrested from the crime scene after Noor’s father reported that she had been killed and then beheaded.
In February 2022, a district and sessions court handed Jaffer the death penalty, along with a 25-year prison term and fine. Two domestic staffers, Iftikhar and Jameel, received 10-year sentences, while Jaffer’s parents and several TherapyWorks employees were acquitted.
The Islamabad High Court upheld the death sentence in March 2023 and added another death penalty by converting the 25-year imprisonment into capital punishment.
Jaffer appealed the verdict in the Supreme Court, which in May 2025 upheld the death sentence for murder, though it converted the rape-related death penalty into life imprisonment.
