The Lahore High Court on Friday granted post-arrest bail to former prime minister Nawaz Sharif in the Chaudhry Sugar Mills (CSM) case on medical grounds.
The court also directed the prosecutor to submit comments by October 28 on main petition of Maryam Nawaz that sought bail on merit. Earlier, Dr Mahmood Sadiq, head of a special medical board, appeared in relation to bail petitions of Nawaz Shairf and his daughter Maraym and termed the condition of Nawaz Sharif 'critical'.
He said, "Health of Nawaz Sharif is critical and rapid decrease in his platelets is making it serious".
The bench comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem held day-long proceedings on the petitions.
Advocate General Punjab (AGP) Ahmad Jamal Sukhera told the bench that the former prime minister had been provided with medical treatment as per international protocols. He said doctors foresaw improvement in Nawaz Sharif's health condition in next two or three days. He further said travel will not be advisable during this period.
NAB's special prosecutor Faisal Bokhari told the bench that the bureau will be able to present its opinion after viewing the report by doctors.
When the bench resumed hearing after a few minutes, Services Institute of Medical Sciences' Principal Dr Ayaz Mahmood appeared with an inconclusive report about the health condition of Nawaz Sharif.
He said so far all viral diseases including dengue fever had been ruled out as possibility for the decrease in platelets.
Replying to a query about the health of Nawaz Sharif, Dr Ayaz said, "He is critical as something is destroying his platelets very rapidly." He said several medicines Nawaz Sharif needed on a regular basis for his multiple past diseases had been stopped due to thin blood and reduced platelets.
The bench rose and reassembled at 12:30pm when Dr Ayaz reappeared with a detailed report of the special medical board with another board member, Dr Kamran Cheema.
Reading operative part from the report, the SIMS's principal said absolute diagnosis of the disease Nawaz Sharif was facing had not been done so far and efforts were under way. He said Nawaz Sharif will be able to travel if his platelets counts reached beyond 50,000. He also endorsed an observation by the court that Nawaz Sharif, as per the report, was critical and in danger.
Bokhari initially said the bail was not necessary as long as the petitioner was provided with appropriate medical treatment in the country.
However, he said if doctors maintained that treatment was not available in the country the relief of bail could be extended in light of the guidelines set by the Supreme Court.
The counsel for Nawaz Sharif Khwaja Adnan argued that the report clearly termed the condition of the petitioner critical. Citing various judgments of the superior courts, he said even a condemned prisoner was entitled to bail on the basis of bad health.
The counsel pointed out that the report said travel could be considered if platelets increased beyond 50,000.
Additional Attorney General Ishtiaq A. Khan also confirmed that the names of both Nawaz Sharif and Maryam Nawaz were placed on the exit control list.
AGP Sukhera also told the bench that the government had not so far received any application in writing from Maryam Nawaz for permission to stay with her ailing father at the hospital. He said the authority concerned will decide the matter in accordance with law if she filed any application to this effect.
Seeking bail for Maraym on "humanitarian" grounds, Azam Nazir Tarar said the petitioner was the only child living around Nawaz Sharif and she had a right to look after her ailing father.
The bureau's prosecutor opposed the bail to Maryam Nawaz on compassionate grounds.
The hearing of this petition was previously fixed for October 30 as the NAB had sought time to file its comments on last hearing.
Replying to a query about the remand of Nawaz Sharif, the prosecutor told the bench that it was neither extended nor denied by the accountability court. He said investigating officer prepared an application for extension in the remand; however, he did not file it with the court following the bail proceedings before the high court. Earlier, he also objected to the bail during the physical remand.
The written order on Nawaz Sharif's petition said, "We are, therefore, confident that the ailment of the petitioner cannot be permanently treated in jail since he is suffering from multiple diseases that too, chronic/acute."
"The petitioner is genuinely required to be treated outside hospital on medical grounds, under his fundamental right guaranteed under Article 9 of the Constitution that no person shall be deprived of life or liberty save in accordance with law which must not be denied to him," the bench ruled.
"Obviously, the purpose of bail on medical ground is to ensure that an under-trial prisoner was allowed to avail medical treatment and, or, surgical intervention, if need be, in hospital of his choice in the country or outside the country to ensure stoppage of his further deterioration of health and not to set him at liberty till conclusion of the trial" the bench explained in the verdict and allowed the bail to Nawaz Sharif.
Copyright Business Recorder, 2019
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