Nawaz can’t be a free man until IHC decides bail plea

ISLAMABAD: Critically ill deposed Prime Minister Nawaz Sharif can’t be a free man to get his choice treatment as one high court has granted him bail while another will resume hearing on a similar plea after five days.

Simultaneous proceedings were held in the Lahore High Court (LHC) and Islamabad High Court (IHC) by two different divisional benches of judges on identical applications filed by Pakistan Muslim League-Nawaz (PML-N) President Shahbaz Sharif.

The grounds cited in both the applications were precisely similar medical grounds and referred to Nawaz Sharif’s extremely precarious health condition. The PML-N chief mentioned the urgency for granting bail to Nawaz Sharif so that he could get the treatment of his selection for his multiple problems.

After hearing the arguments of lawyers and the concerned top doctors, a two-judge IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani adjourned the hearing till Tuesday saying the five-day treatment cycle of the ex-premier will end on that day and the doctors would then be in a better position to report on his health.

The two-judge LHC panel led by Justice Ali Baqar Najfi bailed out the former prime minister from the custody of the National Accountability Bureau (NAB) which arrested him two weeks back on Oct 11 for investigations and shifted him to its centre from the Kot Lakhpart Jail Lahore where he was lodged due to his conviction in the Al-Azizia case.

The LHC order made it evident that the judges were convinced with the urgency to grant Nawaz Sharif relief because of life-threatening condition which was emphasized by the former prime minister’s lawyer.

The ex-premier has been in prison since December 2018, after an accountability court of Islamabad presided by now suspended Judge Arshad Malik had convicted him, except for six weeks when the Supreme Court has granted him bail for his treatment. Later, the apex court turned down his plea to extend the bail period. At the time too, his health condition was very serious and required constant treatment by a panel of specialists.

While Nawaz Sharif was in jail, the NAB arrested him in the Chaudhry Sugar Mills case and got his physical remand. It was during this custody that his health extremely deteriorated especially the massive drop in his platelet count, creating concerns about his condition everywhere. In the jail, he was provided a relatively better treatment while this facility was not available in the NAB centre.

For months, the Sharif family has been raising alarm bells about the former prime minister’s worsening health. However, its political rivals were hardly ever impressed with the seriousness of the diseases and kept booing it, claiming that the only reason behind the hue and cry was to get Nawaz Sharif out of jail and take him abroad.

Apart from the political adversaries, the superior courts have not been satisfied with Nawaz Sharif’s pleas to grant him bail on health grounds despite the fact that at least six medical boards constituted by the Punjab government have repeatedly alerted that the ex-premier was seriously ill and needs urgent treatment from specialist doctors. While the IHC had rejected his request for bail on health grounds, the Supreme Court too refused it. In the meantime, Nawaz Sharif’s health reached this highly perilous stage where specialists are struggling to save him from any worst eventuality.

The government somewhat relaxed its harsh line after concluding that the ex-premier’s health has tremendously declined and is really faced with life-threatening dangers. However, there has been confusion in certain aspects. Maryam Nawaz was earlier allowed to see her father in the hospital and was also admitted because of her own health issues. But a few hours later, she was moved to the jail around 4am. A day later, Prime Minister Imran Khan directed the Punjab chief minister and governor to ensure that Maryam is moved to the hospital and admitted so that she remains close to Nawaz Sharif. The order has been implemented.

The reports presented by the senior doctors before the LHC and IHC were similar, which spoke of dangers the former prime minister is faced with owing to different diseases. The LHC mainly relied on the medical specialist’s findings that Nawaz Sharif was critically ill because of multiple reasons including diabetes, heart, massive drop of platelet count etc.

The medical board’s head Dr Mahmood Ayaz told the LHC that Nawaz Sharif's platelet count was constantly falling. "We inject platelets every day but they are destroyed. Something or other is doing this. Steroids will have to be injected in order to treat him. We have to conduct a bone marrow test but we cannot inject a needle in his bone. He is a diabetes patient and is suffering from several other ailments as well."

Another member of the board Dr Saleeem Cheema separately told the IHC that the ex-premier’s condition was dangerous. “His ailment has not yet been diagnosed. While platelets are being formed, the levels are also falling. We have to conduct some tests but can only do so once his health improves. If he doesn't receive immediate treatment, his life is in danger. If he was not treated, there is a major risk factor and fatal disease.”

Justice Kayani made an important remark when observed that the former prime minister “could not be granted bail on a legal basis; however, the court is looking at the petition on basis of his medical condition.”