No bail, Nawaz back in jail

Obaid Abrar Khan *** Mumtaz Alvi

ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed former prime minister Muhammad Nawaz Sharif’s petition seeking suspension of his seven-year jail sentence in Al-Azizia reference on medical grounds.

He was shifted back to Kot Lakhpat Jail, Lahore from Jinnah Hospital after cancellation of bail petition under tight security. An accountability court had awarded him seven-year jail and Rs1.5 billion fine last year. A division bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, Monday resumed hearing of Nawaz Sharif’s petition for bail plea on medical grounds.

The court room was packed with the PML-N workers and leaders including former PM Shahid Khaqan Abbasi, formerdefence minister Khawaja Asif, Talal Chaudhry and Marriyum Aurangzeb. Justice Aamer Farooq announced the court decision in just one word ‘Dismissed’ and both the judges left the court room.

The high court had reserved the verdict on Nawaz’s plea on February 20. Later the court issued a nine-page verdict on Nawaz Sharif’s bail petition. In their verdict, the judges noted that none of the medical reports of Nawaz Sharif suggested that his continued incarceration would be detrimental to his life.

They said the report of board of doctors said Nawaz was receiving best possible medical treatment available to any individual in Pakistan. They referred to a recent judgment by the Supreme Court in Tallat Ishaq Vs National Accountability Bureau (NAB) case in which the apex court wrote that a high court may grant bail to an accused arrested under the National Accountability Ordinance 1999 “in extraordinary circumstances and not in the run of the mill cases or as a matter of course.”

Referring to another Supreme Court decision, the IHC said, “Under Section 9-B of National Accountability Bureau Ordinance, 1999, provisions of Sections 426, 497, 498, & 561-A CrPC are excluded and no court, including this court, has the jurisdiction to grant bail under the said provisions. Under Article 199 of the Constitution, this court has the jurisdiction to suspend a sentence or to release a prisoner on bail (whether under trial or convicted); however, such jurisdiction is to be exercised sparingly, in extraordinary circumstances and in cases of extreme hardship”.

The verdict further states, “Where a prisoner is receiving medical treatment in hospital or in jail, he would not be entitled to the concession of bail. The petitioner (Nawaz Sharif) has been hospitalized time and again since January, 2019, whenever he made complaints about his indisposition.

The board of doctors in their report has said that Nawaz Sharif is receiving best possible medical treatment available to any individual in Pakistan. The referred fact cannot be regarded as an ‘extraordinary situation’ or case of ‘extreme hardship.”

The judges also gave the reference of Pakistan Prison Rules, 1978 prescribed procedure for release of prisoners on bail suffering from disease (s). Rule 143 of said (i) The Superintendent will refer the case for release of prisoner suffering from aa serious illness with the consent of the Officer in Charge of the Prosecution in whose jurisdiction the prisoner’s offence was committed, provided that:- (a) the disease is likely to prove fatal if the prisoner remains in prison; (b) there is reasonable chance of recovery if the prisoner is released; (c) the prisoner has not done any willful act, since he has been in prison, to produce or aggravate his disease; (d) the Medical Officer and the Medical Superintendent of the District Headquarter Hospital recommended the release and certify that the disease is of the nature prescribed; and (e) the prisoner has not more than six months to remain in prison before the expiry of his sentence”.

The verdict states that under the Prison Rule 197 a prisoner could be hospitalised outside the prison for special medical treatment, and in this case the rule is followed and the petitioner is taken to the hospital as and when he complains about his health.

Talking to the media outside the Islamabad High Court, former prime minister Shahid Khaqan Abbasi said they respected the court decision but everyone is upset now, as all the medical reports had recommended immediate medical treatment of Nawaz Sharif.

“We will take the best possible legal way against this decision,” he added. He further said the required medical treatment for Nawaz Sharif could not be provided in jail that’s why they had filed a bail plea.

“Nawaz treatment can be done in Pakistan or abroad but not in jail,” Abbasi said. Former Defence minister Khawaja Asif said it was their legal right to go against the decision and they will go to the Supreme Court to get justice. “We are very much hopeful that we will get justice from courts,” he added.

Meanwhile, Information and Broadcasting Minister Fawad Chaudhry Monday said the Islamabad High Court’s decision on former prime minister Muhammad Nawaz Sharif’s plea for suspension of 7-year sentence in Al-Azizia case had removed the impression of a deal or relaxation.

Talking to the media persons here, Fawad said legally relief to Nawaz was not possible and allowing him to proceed abroad for treatment would have been seen as amnesty to him and this would have led to emptying of jails by 50 per cent. He wondered they had been in power but did not like to get medical treatment in Pakistan but would like to be in government again.

Replying to questions, he said whenever an amendment was made to the NAB law, it would be aimed at strengthening the anti-graft body.

He reiterated that the government had nothing to do with the ongoing accountability process and not even a peon had been recruited in the NAB ever since the PTI came into power. He advised PML-N Senator Mushahidullah Khan and Marriyum Aurangzeb to desist from issuing statements, which would vitiate the political environment. “Even if we are not in power, the process of accountability will continue,” he maintained.

The minister said the ongoing process of accountability was free and transparent adding that the nation wanted audit of its looted money. He noted PTI’s own senior minister Abdul Aleem Khan was arrested and they did nothing about it.

Answering a question about Adviser to Prime Minister Naeemul Haq, the minister maintained he had good relations with him and that he had nothing personal against him. He added the issue was about principles.