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IHC, LHC seek Nawaz’s fresh medical report on his bail plea

By Our Correspondent
October 25, 2019

Ag Agencies

LAHORE/ISLAMABAD: The Islamabad High Court (IHC) Thursday sought fresh medical report of former prime minister Nawaz Sharif Friday (today) on a petition seeking suspension of his imprisonment sentence on medical grounds.

The bench also sought reply from chief secretary Punjab, secretary home department, services hospital’s MS and medical board members on above petition filed by the Pakistan Muslim League-Nawaz (PML-N)’s President Shahbaz Sharif. A division bench comprising Justice Aamer Farooq and Justice Mohsin Akhter Kiyani conducted hearing on petition moved by PML-N’s president along with the objections raised by the Registrar office.

To a query of Justice Kiyani, Nawaz lawyer Khawaja Haris said that his client was still in Services Hospital, Lahore, due to his ailment. He said that doctors had been summoned from Karachi to examine the health condition of former prime minister. He pleaded that doctors could not diagnose the disease of Nawaz Sharif so far.

Earlier, Justice Farooq asked that whether the former prime minister able to put his signatures on the plea to which Haris said that the petition was filed by a brother of the accused. The lawyer adopted the stance that it was not necessary for the plea to be signed by his client.

The court, however, removed the objections of registrar office and ordered it to fix it for hearing on Friday (today). The court directed all the respondents to submit reply by Friday and adjourned hearing of the case. It may be mentioned here that Nawaz Sharif was facing imprisonment sentence in Al-Azizia Steel Mills corruption reference.

The accused had already challenged his sentence to the IHC; however, a fresh bail plea on medical grounds had also been moved.

Meanwhile, a division bench of the Lahore High Court on Thursday sought reports from a medical board formed for ailing former prime minister Nawaz Sharif on a bail petition moved by his brother Shahbaz Sharif.

The court asked the advocate general to furnish a report on behalf of the medical board conducting treatment of Nawaz Sharif at the Services Hospital. A bench headed by Justice Ali Baqar Najafi was hearing a petition filed by Shahbaz Sharif seeking release of his elder brother on bail in the Chaudhry Sugar Mills case on humanitarian grounds.

At the outset of the hearing, the court questioned why Nawaz Sharif did not file the bail petition in his own capacity?

Shahbaz’s lawyer Khwaja Haris informed the court Nawaz Sharif is not well and he is not in a position to attend the court physically. He added: “If the accused could not attend the court for some reason, his close relatives could file the petition on his behalf." To substantiate his arguments, he cited various judgments of the superior courts.

The bench, however, observed that the cases referred to by the counsel were related to illegal detention and in the instant case, the aggrieved person is in lawful custody of the NAB. The counsel reiterated that the matter was pertaining to death and life and Nawaz is not in reach due to regular treatment by doctors.

To a court query, the counsel said Prof Dr Mahmood Ayaz was leading the medical board while a senior specialist of bone marrow transplant from Karachi also joined it.

Advocate General Ahmad Jamal Sukhera and a prosecutor of the NAB made their appearance on a short notice of the bench. The bench directed the AGP to submit a report on behalf of the medical board assigned to treat Nawaz and also ensure presence of Dr Ayaz on Friday (today).

The bench was informed by the counsel that the former prime minister is seriously ill and admitted to the Services Hospital due to extremely low platelets count. “The doctors are trying but are yet to diagnose the reason of the low count of platelets,” the counsel said. “His life is under threat and he should be allowed to undergo treatment within Pakistan or abroad as per his will.”

Sukhera on a question from the bench pleaded for time to consult relevant government officials over the matter. He said the issue could be considered on humanitarian grounds.

The bench also summoned Dr Mehmood Ayaz and called a report from Dr Shamsi on Nawaz Sharif’s health condition.

Earlier, the LHC registrar office raised objection to the plea seeking release of the former prime minister on bail on health grounds, saying that the petitioner is not an aggrieved party. The registrar office sent the matter to the chief justice of the high court for decision along with its objection raising the issue of locus standi. Later, the chief justice referred the matter to the bench led by Justice Najafi for adjudication.

Khawaja Haris requested an early hearing of the petition in view of the deteriorating health situation of Nawaz Sharif. “Shahbaz Sharif is the brother of Nawaz Sharif and he loves him like a father,” the counsel argued over the objection raised by the registrar’s office. He said Nawaz is expected to be shifted to the Pakistan Kidney and Liver Institute (PKLI) today amid reports of his deteriorating health.

Meanwhile, Maryam Nawaz also filed a bail petition in the Lahore High Court (LHC).

In her petition, she requested the LHC for bail because of serious illness of her father and former prime minister Nawaz Sharif. She pleaded that she wants to look after her father and may be released on bail.

A division bench headed by Justice Ali Baqar Najafi, after initial hearing of the petition, issued a notice to the NAB for it reply and adjourned the hearing until today (Friday).

On Wednesday, Maryam Nawaz along with the NAB team reached the Services Hospital from the Kot Lakhpat Jail and met her father after the Punjab government granted permission. She had fallen sick while meeting her father at the hospital and was admitted to the same medical facility. Maryam was shifted back to the Kot Lakhpat Jail from the Services Hospital after her health got better.