Nawaz gets bail in Chaudhry Sugar Mills case

LAHORE: The Lahore High Court on Friday granted bail to Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif on medical grounds in the Chaudhry Sugar Mills money laundering case, considering his precarious health condition.

Although the former premier would be released from the custody of the NAB, he will not be free from jail until a request seeking the suspension of his 7-year sentence, and subsequent release on bail, in the Al-Azizia case is granted by the Islamabad High Court (IHC) which will resume hearing on Tuesday.

The names of both Nawaz and Maryam are on the Exit Control List. Nawaz would have to move a separate petition to the court, challenging the placement of his name on the no-fly list.

PML-N President Shahbaz Sharif had filed the bail application for the release of his brother from the custody of the National Accountability Bureau (NAB). The PML-N legal team led by Azam Nazir Tarar was present in the courtroom before the start of hearing. Former attorney general Ashtar Ausaf had also turned up to represent Nawaz. Khwaja Asif and other PML-N leaders attended court proceedings.

The former premier will have to submit two surety bonds worth Rs 10 million each for his release in the case. The court ruled in its order: “In view of a report submitted before us, we understand that the condition of the petitioner (Nawaz Sharif) is precarious as at present, there is no sign of further improvement in platelets despite the best available treatment being extended to him in the last few days. Besides, we consider it as a human right case as an ailing patient is entitled to the best treatment available on earth but within his reach. The petitioner is obviously sick and a senior citizen. The medical reports have remained unchallenged by the prosecution. The petitioner appears to be physically handicapped and his medical reports suggest the seriousness of his disease which can be fatal to his life. The condition of the petitioner is undoubtedly serious and as such he needs the treatment in conducive conditions free from any kind of pressure with full peace of mind.”

“We are, therefore, confident that the ailment of the petitioner cannot be permanently treated in jail since he is suffering from multiple diseases that too, chronic/acute.”

The court order explained: “The law on the grant of bail on the medical ground is well settled now according to which if an accused is suffering from an ailment which is hazardous to his life and that his treatment is not possible within the jail, he should be granted bail after arrest. It is already admitted by the members of the Special Medical Board that the petitioner could not be provided proper treatment due to non-availability of necessary equipment, to control the rapid drop of platelets.”

“The petitioner is genuinely required to be treated on medical grounds, under his fundamental right guaranteed under Article 9 of the Constitution that “no person shall be deprived of life or liberty save in accordance with the law” which must not be denied to him,” the court order said.

The court made it clear that the purpose of bail on medical ground is to ensure that an under-trial prisoner is allowed to avail medical treatment in hospital of his choice in the country or outside the country to ensure stoppage of his further deterioration of health and not to set him at liberty till conclusion of the trial.

Earlier, Dr Mehmood Ayyaz, head of an 11-member medical board, presented reports and told the bench headed by Justice Ali Baqar Najafi that the medical board, which includes Nawaz Sharif's personal physician Dr Adnan, meets twice every day to discuss the PML-N supremo's condition.

Justice Sardar Ahmed Naeem was the other judge on the bench. A summary presented by the Special Medical Board before the court revealed that four special medical boards were convened which gave the following unanimous considered opinion:

“The Special Medical Board is of the considered opinion that due to severe existent co-morbid conditions like diabetes mellitus, hypertension, hyperlipidaemia, hyperuraecaemia, chronic renal disease and ischaemic heart disease (for which he has been already operated upon and stents have been placed), the condition of the patient is critical and the current scenario of very low platelet count has added to the seriousness of nature of his illness.”

According to the report, during the night between 24/25.10.2019, the petitioner experienced episode of central chest pain radiating to both arms which was relieved with sublingual nitroglycerine spray. It was opined as under:

“Therefore his condition is critical. It is important to improve his platelet count to prevent internal haemorrhage but the increase in platelets can worsen his Unstable Angina. The board is of the opinion that his anti-platelet therapy can be resumed once platelets improve to thirty thousand. As inquired by the court, travel may be considered once platelets improve to beyond fifty thousand and his cardiac status allows.”

Dr Mahmood Ayyaz informed the court that the main risk is regarding the rapid decline of platelets to 6000 per microliter. According to him, further investigations will be possible only if the number of platelets is increased to 20,000 per microliter. He was of the view that the petitioner must be protected first from external and internal bleeding which also hampered some procedures to be carried out by the medical board. However, he is hopeful that after 2/3 days treatment, he will be able to increase the number of platelets in the body of the petitioner. He has definitely explained to this court that the condition of the petitioner is serious and that the board is trying its best to increase his platelets. Importantly, the medical report was not objected to by the NAB special prosecutor or the advocate general Punjab, the order said.

The doctor informed the court that the bone marrow of Nawaz indicated no signs of concern but the former premier’s platelets count was unstable, making it difficult to arrive at a conclusive decision over his condition. To a court query, Dr Ayyaz said the former premier's condition is "extremely serious". He said Nawaz's platelet count is constantly reducing, adding that the hospital has conducted tests to see if Nawaz is suffering from dengue but he isn’t.

"We inject platelets every day but they are destructed every day," Dr Ayyaz said and added: "Something or the other is destroying Nawaz Sharif's platelets." He said Nawaz lost 5kg weight in last two months and steroids will have to be injected to treat him.

"We have to conduct a bone marrow test but we cannot inject a needle in Nawaz Sharif's bone because of his low platelets account."

The former prime minister has been diagnosed with immune thrombocytopenia (ITP), a disease that causes the breakdown of blood cells. However, the doctors have said the disease is “treatable” in Pakistan.

During proceedings, the NAB opposed the bail petition, saying that Nawaz is on physical remand and during physical remand, bail cannot be granted to an accused. The anti-corruption watchdog's prosecutor told the court that "every life, including that of Nawaz Sharif, is precious", adding that the former premier's condition is treatable.

He said there is no definite medical opinion to show that Nawaz is suffering from diseases which can be treated on jail premises or in Pakistan or that his continued detention is life-threatening. He said the apex court vide order dated 26.03.2019 had granted six weeks bail to the petitioner in the Al-Azizia case for his medical treatment which he failed to avail. He prayed that the bail petition be dismissed.

The same bench also heard a petition filed by Maryam Nawaz, seeking her immediate bail on the basis of fundamental rights and humanity. The accountability watchdog sought time to submit its reply to the petition. The court granted the plea and directed the NAB to submit the response by Monday. Maryam said she wants to attend her ailing father as she is the only child residing in Pakistan.

It is alleged that the Sharif family used the Chaudhry Sugar Mills for money-laundering and illegal transfer of its shares. During the probe, it was revealed that a $15 million loan was taken on the pretext to set up the mill despite the fact that it had already been established before the loan was acquired. The loan was never transferred to Pakistan as shown by the record of the State Bank of Pakistan. More than Rs 7 million worth of shares were transferred to PML-N Vice President Maryam Nawaz in 2008 through mill’s shares, which were later transferred to Yousaf Abbas Sharif in 2010.

An accountability court had earlier this month granted NAB a 14-day physical remand of Nawaz in connection with the Chaudhry Sugar Mills case. The remand expired on Friday.