Ailing Zardari granted bail

The Islamabad High Court (IHC) Wednesday granted post-arrest bail to former president Asif Ali Zardari on medical grounds.

A division bench of IHC comprising Chief Justice Athar Minallah and Justice Aamer Farooq heard the petition of former president Asif Ali Zardari.

The IHC division bench noted in its order, "We allow this petition and grant the concession of bail on medical grounds to the petitioner [Asif Zardari] subject to furnishing surety bonds in the sum of Rs 10,000,000 with one surety in the like amount to the satisfaction of the learned Accountability Court."

It added, "Needless to mention that this is a tentative assessment, which shall not affect the trial of this case in any manner."

The bench also heard bail application of Zardari's sister Faryal Talpur but deferred hearing of it till December 17 as NAB had not submitted its response. In an application filed earlier this month, Talpur maintained that she is the mother of a differently-abled child. In order to provide care to her child, she urged the court to grant bail till the completion of the trial.

The IHC noted that the NAB initiated proceedings wherein the petitioner was one of the accused and the competent authority issued his warrant of arrest and he was arrested on 10-06-2019 while he remained on physical remand for 68 days. The bench added that during his incarceration the health of the petitioner deteriorated and, therefore, he was admitted for medical treatment in the Pakistan Institute of Medical Sciences (PIMS) and since 22-10-2019, the petitioner has been receiving medical treatment at the hospital while the petitioner filed the instant petition seeking his post-arrest bail solely on medical grounds.

The court noted that new medical report of Zardari says; "With his heart condition and evidence of silent ischemia, he is at risk of acute myocardial infarction which may lead to a sudden cardiac death. The diseases and ailments from which the patient is suffering cannot be treated in the premises of jail as he requires specialized multidisciplinary consultants, therapist and investigations on a daily basis as per requirement. His continuous detention in jail can be hazardous to his life both in terms of multiple comorbid and permanent impairment."

The court order maintained that the additional deputy prosecutor general of the Bureau was asked whether he opposes grant of bail on medical grounds that the treatment cannot be provided in the prison and continuous detention could be fatal. He simply stated that the principles for grant of bail are settled.

It continued that Zardari has not been convicted and, therefore, he is to be treated as innocent unless proven guilty. The opinion of the medical board is unambiguous. Further incarceration of the petitioner would not serve any useful purpose. Moreover, his constitutionally guaranteed right to life is not impaired or suspended merely because proceedings under the National Accountability Bureau Ordinance, 1999 are pending before a learned Accountability Court.

"Keeping in view the unambiguous opinion of the medical board, refusal to grant the petitioner bail on medical grounds would definitely be in violation of his fundamental rights guaranteed under Article 9 of the Constitution. Even otherwise, it would be in public interest to grant bail in favor of the petitioner because his medical treatment during his incarceration is an expense on the public exchequer. Releasing him on bail will enable him to receive medical treatment of his choice and at his own expense," noted the IHC bench.

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.

It further stated that 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 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.