SHC dismisses Sharjeel Memon’s bail plea on medical grounds

The Sindh High Court on Monday dismissed the bail application of former information minister Sharjeel Inam Memon after taking into account the opinion of a private hospital’s medical board, which stated that the Pakistan Peoples Party leader’s condition was not life-threatening and is not likely to cause disability.

The court, however, observed that Memon may be treated in a private hospital of his choice for required physiotherapy and hydrotherapy at his own expense and then returned to jail after each treatment.

An SHC division bench headed by Justice Mohammad Iqbal Kalhoro observed that judges are not doctors and were under a duty to ensure that the petitioner does not suffer any permanent disability because of lack of treatment, but the same time not to open the floodgates to bail on medical grounds to all persons in jail through potentially dubious and engineered medical reports.

Memon, the former minister, along with former information department officials Zulfiqar Ali Shalwani, Sarang Latif and others along with advertising companies’ representatives were booked by the National Accountability Bureau in a Rs5.78 billion reference for committing corruption in the awarding of advertisements of the provincial government’s awareness campaigns in electronic media.

Memon’s counsel had sought bail from the SHC on medical grounds submitting that his client was facing ailment and required medical treatment and surgery as recommended by the medical board constituted by the trial court.

He submitted that the high court had on March 2 rejected petitioner’s bail observing that the matter pertained to medical treatment and hospitalisation was taken up by the Supreme Court. He submitted that the Supreme Court had disposed of the suo motu proceedings with regard to hospitalisation of the former information minister after withdrawing the notices against doctors who opined that Memon should be treated in hospital.

The counsel submitted that the Supreme Court did not issue any adverse remarks against the petitioner’s medical board report and observed that if the petitioner is unwell and needed any hospitalisation or release on bail that matter shall be decided and determined by the court of the competent jurisdiction.

The counsel requested the court to grant Memon bail on medical grounds as various medical boards constituted by the government are of the opinion that he needs surgery which is not possible in prison hospital and in case of non-surgery the patient could suffer permanent disability.

The NAB counsel had opposed the bail application submitting that Memon’s medical reports did not show that he met the legal requirements for granting of bail on medical grounds. The court had then constituted a fresh medical board comprising of private medical hospital doctors to examine Memon and give its independent expert opinion as to whether his ailment was such that it could not be properly treated inside the jail premises hospital and whether continuous incarceration of the petitioner in jail is likely to affect his capacity or is hazardous to his life.

The medical board opined that there was no indication for surgical intervention such as discectomy or disc replacement surgery, and the patient’s condition was not life-threatening and is not likely to cause disability.

The court on Monday observed that the medical report of a private medical board to a large extent contradicts the earlier reports vis a vis its findings and it would not meet the requirements of medical bail.

The court rejected the petitioner’s counsel’s request against the fresh medical board opinion and observed that the application was not justifiable as the petitioner did not raise objection over constitution of the medical board or its members till the findings of the board were known. The court observed that at this stage to establish yet another medical board may lead to a never-ending saga of medical boards being set up with either the NAB or the petitioner challenging both the composition and the findings.

The court also rejected the bail application of advertisement agency chief executive officer Syed Masood Hashmi observing that the material on record shows that the petitioner through his illegal conduct and connivance caused a massive loss to the government of Sindh. The court also declined the petitioner’s request to deposit the liability amount before the court for release on bail and asked the petitioner to apply for a plea bargain under Section 25 of NAB Ordinance if so advised.

The court however granted post-arrest bail to co-accused Mohammad Hanif and Asim Amir Khan, who operated bank accounts of advertisement agencies, observing that since petitioners apparently have not made personal financial gain and were acting on instructions of the directors therefore they were entitled for bail. The court however placed their names on Exit Control List.

It is pertinent to mention that the court had earlier dismissed protective bail petitions of Memon and 13 others, observing that the current case is more a case of a joint criminal enterprise whereby every accused plays their role in order to achieve a criminal object all of which they were aware of and could not have been achieved without the active participation of all involved.