Pakistani judge’s remarks in high-profile murder case spark debate over victim-blaming

A Pakistani top court judge’s remarks linking the 2021 murder of Noor Mukadam to what he described as the “vice” - a practice he referred to as “living relationship” - have drawn criticism from human rights activists and legal experts, who say the comments risk shifting focus from the perpetrator.

The comments appear in an additional note appended to a Supreme Court verdict upholding the death sentence of convicted killer Zahir Jaffer. Justice Ali Baqar Najafi - who has since joined the newly established Federal Constitutional Court (FCC) - wrote that the case was “a direct result of a vice spreading in the upper society which we know as ‘living relationship’.”

The Supreme Court last month heard Jaffer’s review petition challenging the capital punishment awarded in 2022 after a widely followed trial. During proceedings, Justice Najafi told defense lawyer that it would be more appropriate for him to begin arguments after reviewing the additional note.

Justice Najafi was sworn in as an FCC judge shortly after the court concluded hearings, following the body’s creation under the 27th Constitutional Amendment earlier this month.

Judge’s note sparks concern

In the note uploaded to the court’s website, the judge said such relationships defy “social norms, state law and Islamic Sharia,” calling them “a direct revolt against Almighty Allah.” He added that the younger generation should “note its horrible consequences such as in the present case.”

The remarks drew swift backlash from women’s rights campaigners, who said they could divert attention from the perpetrator and influence perceptions of victims’ conduct.

Human rights activist Farzana Bari said: “This is the same mindset that I consider patriarchal thinking. It not only exists in society but also inside our institutions - in our criminal justice system, our police and our judges. This is the mindset that, in my view, leads to men not being punished in cases of gender-based violence, because judges hold preconceived ideas and create justifications that end up giving relief to offenders.”

Legal expert warns of wider impact

Legal experts also warned the comments may discourage victims from seeking justice. Advocate Hassan Naizi said: “Many women in this society, for whom justice is already extremely difficult, receive a signal that even judges of the Federal Constitutional Court think this way. It suggests that if you make certain moral choices, you somehow deserve what happens to you.” He added that the remarks “violate Article 14 of the Constitution, which guarantees dignity to every person without restriction.”

The Supreme Court ruling upheld Jaffer’s death sentence, first issued in February 2022. Mukadam, the daughter of a former diplomat, was held captive and murdered in Islamabad in July 2021 - a killing that became one of Pakistan’s most high-profile femicide cases and sparked nationwide demonstrations demanding accountability.