Bail on medical grounds: IHC admits petitions of Zardari, sister for hearing

The Islamabad High Court (IHC) Tuesday admitted for hearing two separate petitions of former president Asif Ali Zardari and his sister Faryal Talpur seeking bail on medical grounds in the cases filed against them by the National Accountability Bureau (NAB).

A division bench of IHC comprising Chief Justice Athar Minallah and Justice Aamer Farooq will conduct hearing on these petitions on Wednesday (today).

The former president is under-arrest on charges of money laundering and presently undergoing treatment at Pakistan Institute of Medical Sciences in Islamabad. The NAB arrested him after the cancellation of his pre-arrest bail by the IHC in the fake bank accounts case on June 10.

In his petition filed through his counsel Farooq H Naek Advocate, Zardari adopted that he is a chronic patient suffering from multiple ailments and he is also a heart patient having three stents in his heart. Zardari added that he is also suffering from diabetes which means that he has to constantly monitor his blood sugar levels.

According to the petition, "The petitioner's health has deteriorated considerably and his medical checkup was conducted by a medical board of PIMS. Thereafter the petitioner was taken to PIMS hospital for medical examination and since, as time progressed, his condition has been worsening, the medical board recommended that the petitioner be admitted to the hospital in order to ensure proper medical care under supervision of specialists."

He added, "At this stage it is pertinent to mention that the learned Accountability Court also noticed the frail health of the petitioner and made appropriate direction to the superintendent jail in this regard."

The former president maintained that he is seriously ill and his condition is unstable insofar as his condition may deteriorate further unless bail is granted. He continued that he is a chronic patient suffering from various ailments including but not limited to cardiovascular disease insofar as he has three stents in his heart.

"It is further evident that from the aforesaid that the ailments from which the petitioner is suffering are life-threatening and hazardous to his life. Thus, his continued detention in jail is likely to affect his capacity and will be hazardous to his life," contended Zardari.

He continued that the petitioner is yet a person who is neither convicted nor charged, all the presumption of innocence is attributed to him by law, if God forbid, his life is lost, no good would be achieved but a grave miscarriage of justice shall take place.

Zardari argued that the right to life is a fundamental right of every person under Article 9 of the Constitution including the petitioner and he should not be deprived of it by denial of bail in this state of health.

Therefore, he prayed to the court that upon acceptance of this petition, the petitioner may graciously be granted bail after arrest in Reference No 2 of 2019 pending before the accountability court Islamabad on consideration of medical grounds.

The PPP co-chairperson's medical reports were also submitted along with the petition to the IHC so that bail may be granted.

The high court also admitted for hearing a bail petition filed by Zardari's sister Faryal Talpur. In her appeal, Talpur maintained that she is the mother of a differently-abled child. In order to care for her child, she asked the court to grant bail until the completion of the trial.

Zardari, Talpur and other accused are facing charges of corruption through fake bank accounts and embezzlement in the financial facility for Park Lane Private Limited and Parthenon (Pvt) Limited. The NAB alleged that the national exchequer suffered a loss of Rs 3.77 billion because of the irregularities.

Zardari was shifted to the Pakistan Institute of Medical Sciences (PIMS) in October after the medical board stated that he was suffering from cardiac problem, diabetes and other ailments, and needed medical care.