The Islamabad High Court (IHC) on Tuesday suspended former prime minister Nawaz Sharif's seven years imprisonment in the Al-Azizia case for eight weeks on medical grounds. A two-member bench comprising Justice Amir Farooq and Mohsin Akhtar Kayani heard a petition seeking the suspension of his brother's sentence in the case. The petition was filed by Shahbaz Sharif
In its verdict, the bench ordered if Sharif's condition does not improve in eight weeks, the Punjab provincial government should be approached for extension in bail. The former prime minister was asked to submit two surety bonds worth Rs 2 million each.
Dr Adnan, the personal doctor of Sharif, told the court that Sharif is "critically unwell" as he continues to receive treatment for an undiagnosed blood platelet disorder while in custody on corruption charges.
Sharif, 69, is being treated at a government-run hospital in Lahore where he was granted indefinite bail last week by Lahore High Court after being jailed last year on corruption charges.
Dr Adnan said that Sharif is in a critical condition, suffering from low platelet count, thrombocytopenia and NSTEMI (heart attack), further complicating his kidney issues.
Dr Adnan told the court that a normal person's blood platelets are more than 100,000 but Nawaz's platelets are very low, which is why a medical board of highly qualified doctors was formed to examine his health.
He said the PML-N leader spoke of his cardiac issues while being treated for low platelets, adding if they try to cure one disease, another one crops up.
He added that Sharif is "fighting for his life" because when the doctors gave him prescriptions for low platelets, he suffered a heart attack.
Dr Adnan also told the bench that Nawaz had multiple health problems. To this, MS Services Hospital told the court that the former premier's condition is still in danger.
Punjab Chief Minister Usman Buzdar presented a report regarding the health of the former prime minister. He informed the bench that Sharif trusts the medical facilities being given to him, adding that all possible efforts are being made to give him the best possible treatment.
Buzdar said that over the last year he had visited the jails eight times and provided relief to close to 4,000 prisoners, and paid fines for at least 600 prisoners. He added that his government will reform the prisons system.
After hearing the doctor's opinion, Sharif's lawyer Khawaja Haris told the court that due to the former premier's angina issue, doctors cannot treat all his ailments.
He added that according to the October 26 report, Sharif's heart was not pumping blood properly and it was necessary that all medical treatment should be given under a single roof.
Haris said that his client did not have any objections against the doctor's intentions but the medical board itself is not satisfied with the results.
The counsel said if they wanted to ensure that Sharif completes his sentence, he should be allowed to get treatment from doctors of his choice. He added if his client's health improved, he can continue serving his sentence.
Additional Prosecutor General for National Accountability Bureau (NAB) Jahanzaib Bharwana said that the Supreme Court suspended Nawaz's sentence for six weeks on medical grounds and had set certain conditions.
He said that under the conditions, it was decided that the former premier will not leave the country within those six weeks and seek treatment from medics of his choice inside Pakistan.
He said that no doctor has said that the former premier's treatment cannot be carried out in Pakistan, adding that even the federal government has claimed that they are willing to get doctors from abroad for the PML-N leader.
To this, Justice Aamir Farooq remarked: "Does the suspension of the sentence of the convicted fall under federal or Punjab's governments' domain?"
The additional prosecutor told the court that the issue is under both the governments.
Bharwana suggested to the court that it should suspend the sentence under a timeframe in a manner adopted by the Supreme Court and also review the former prime minister's health report.
On this, Haris interjected and said: "We are not seeking suspension of the sentence for five of six years."
To this, Justice Mohsin remarked that they would have given a verdict on the appeal had the arguments been presented, but so far the hearing on the judge's video scandal has not even ended.
Justice Farooq asked, "Is it possible that the president can issue a pardon before the decision on the appeal?"
To this, Haris said that the president can exercise his powers at any moment but the precedent is that the appeal's decision should go through all the forums.
Justice Mohsin remarked that apart from NAB neither the Punjab government's nor federal government's position is clear on the issue.
He added that federal and provincial governments have failed to determine their opinion on the matter, adding that both the governments are confused.
Justice Farooq remarked the court had four options. "Either the issue can be sent to an executive; we can suspend the sentence in the given time frame by NAB; approve the petitioner's application; or reject the application."
However, the counsel for Sharif rejected the notion of sending the issue to the executive.
Justice Farooq asked NAB additional prosecutor who regulates custody of a prisoner sentenced by a court in Islamabad as both Adiala and Kot Lakhpat jails come under the jurisdiction of Punjab.
Advocate General Tariq Jahangiri informed the bench that prisoners were sent to jails in Punjab since Islamabad did not have any prison.
To this, Justice Kiyani remarked that to this day, no one had thought of constructing a prison in the federal capital.
The bench questioned who decides the fate of prisoners in such situations. "The provincial government has the authority to decide on issues related to prisoners sentenced by Islamabad courts," responded Jahangiri.
"Was the order to move Nawaz to the hospital when his health deteriorated given by Islamabad's chief commissioner?" asked Justice Kiyani. Justice Farooq observed that the executive is shying away from using its authority which is a tragedy.
Haris said the executive could not issue an order if the matter is pending in court, adding appeals for overturning verdict and suspension of sentence in the Al-Azizia reference are also pending.
Justice Kiyani observed that the federal and provincial governments have not taken a clear stance on the matter.
Unlike LHC which had declared that Sharif can get treatment abroad if he wanted, the IHC verdict remained silent on whether or not Sharif can travel abroad for treatment.
The federal government has already put the name of Sharif on Exit Control List (ECL), which can only be removed at a meeting of the federal cabinet.
Copyright Business Recorder, 2019
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