The Supreme Court on Friday dismissed former Prime Minister Nawaz Sharif's application for extension in bail in Al-Azizia Mills case as well as permission to go abroad. Chief Justice Asif Saeed Khan Khosa, heading a three-member bench, said bail was granted for six weeks for treatment but only medical tests and evaluation were carried out during this period. He said the conduct of the petitioner shows there is no imminent threat to his life and the plea was based mere on apprehensions.
The top court on March 26 had granted bail to the ex-PM by suspending his sentence in the Al-Azizia Mills for six weeks, which started from the date of his release. The court ordered that during this period the petitioner shall not leave or be allowed to leave 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, however, made it clear that surrender to custody by the petitioner shall not include surrendering before a court with an application for bail.
Khawaja Haris, representing Nawaz Sharif, contended that the apex court's verbal order was that that his client can approach the High Court for bail after the expiry of six weeks time. However, Justice Sajjad Ali Shah, another member of the bench, stated that that was the observation and not the court order.
Haris contended that upon the expiry of the date, his client would go back to jail, but his health condition is not such that he is sent back to jail; therefore, they have applied for the extension in the bail. He then prayed to the court to extend his client's bail for eight more weeks.
Justice Khosa asked the counsel to read medical reports, saying after examining them they would see whether or not to extend the bail. He said the medical reports of Nawaz suggested an angiography.
The Chief Justice then remarked that an angiography needs an hour, whereas the court had granted six weeks.
The counsel argued that the blockage in Nawaz Sharif's carotid artery had increased by 50 per cent "which is an alarming sign." He further said that a cardiac MRI is used across the world as an alternative for angiography but the process is not offered anywhere in the country.
The Chief Justice, however, dismissed his plea, saying the medical reports submitted in the court have not said anything in this regard that may be considered to be a final assessment of Nawaz's medical condition.
The Chief Justice said suspension of sentence and release of a convict on bail is not unusual. There are hundreds of cases wherein the sentence was suspended and convict was granted bail. "There are also examples that the death sentence was suspended on the basis of medical report," he added. An impression was given that the court has done something wrong by granting bail to a convict [ex-PM]. Politics was done on this issue, he said, adding that he doesn't know why the courts are ridiculed on every issue.
Haris on 30th April had filed an application praying that till the final decision of review petition the court may very graciously extend the period for which the applicant [Nawaz Sharif] has been granted bail upon suspension of his sentence vide Order dated 26.03.2019. The bail period will end on May 7 upon expiry of six weeks' time.
In his review petition, the ex-PM had requested to allow him travel abroad for medical treatment. "He be released on bail without specification of any condition as treatment recommended by doctors unequivocally shows that the treatment and full recovery is not possible within six month," it maintained. A division bench of Islamabad High Court on 25-02-2019 had dismissed the writ petition of the ex-PM for suspension of sentence and his release on bail on medical grounds. The ex-PM was convicted on 24-12-2018 by the Accountability Court, Islamabad, under section 9(a)(v) read with section 14(c) of the National Accountability Ordinance, 1999 and sentenced for 7 years imprisonment.
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