The Supreme Court may allow former Prime Minister Nawaz Sharif to go abroad if the doctors' opinion is that the required medical treatment is not available in Pakistan, said legal experts. Vice Chairman Pakistan Bar Council Syed Amjad Shah while talking to Business Recorder said the Supreme Court has the discretionary power to grant or deny any relief. If it is the court's opinion that the treatment of former premier is not available in Pakistan then it can permit him to go to London for heart surgery, he added.
Ahsan Bhoon, senior advocate, said the august court can ask for the appointment of a doctors' panel and seek its report on Nawaz Sharif's health, and whether his heart surgery could be done in Pakistan or not. If the panel's advice is that it is not possible in the country then the court may allow Nawaz Sharif to leave for UK for his treatment.
Former Prime Minister Nawaz Sharif on April 25 through advocate Kh Haris filed a review petition in the Supreme Court requesting he be allowed to travel abroad for medical treatment. "He be released on bail without specification of any condition as treatment recommended by the doctors unequivocally shows that the treatment and full recovery is not possible with six months," it maintained.
The review petition further maintains that as per Pakistani and foreign consultants and experts "It is feasible option that the former premier is treated by the same set of medical practitioners who had been treating him earlier in UK."
Azhar Siddiqui, a constitutional expert, said that the review petition is not maintainable on two grounds. First it has not been filed within the time limit, and secondly there is no error of law floating on the surface of the order.
He stated that for new relief Nawaz Sharif should approach the High Court instead of filing a review petition in the apex court as "it is now past and a closed transaction."
PBC vice-chief Amjad stated that granting bail is in the concurrent jurisdiction and the aggrieved person can directly approach the apex court.
Former Secretary Supreme Court Bar Association Aftab Ahmed Bajwa asked why Nawaz Sharif is insisting on going to London for medical treatment when there are equally good hospitals and doctors in Pakistan.
A three-judge bench, headed by Chief Justice Asif Saeed Khan Khosa, on March 26 granted bail to former PM by suspending his sentence in Al-Azizia Mills for six weeks though the court disallowed him from leaving the country.
"The bail shall automatically stand cancelled upon expiry of six weeks period whereupon he shall surrender to custody voluntarily failing which he shall be retaken into custody," said the order. The court further clarified that surrender to custody by the petitioner shall not include surrendering before a court with an application for bail.
A Division Bench of Islamabad High Court on 25-02-2019 had dismissed the writ petition of former PM for suspension of sentence and his release on bail on medical grounds.
Former Prime Minister Nawaz Sharif was convicted on 24-12-2018 by the Accountability Court, Islamabad, under under section 9(a)(v) read with section 14(c) of the National Accountability Ordinance, 1999 and sentenced to 7 year imprisonment.
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