ISLAMABAD: Former prime minister Nawaz Sharif has filed a petition, seeking his release from Kot Lakhpat jail on medical grounds.

Mr Sharif filed the petition through his counsel, Khawaja Haris Ahmed, before the Islamabad High Court (IHC) on Saturday. It will be heard by a two-member bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani on Monday.

The petition seeks suspension of the seven-year sentence awarded to Mr Sharif by accountability court Judge Mohammad Arshad Malik in the Al-Azizia/Hill Metal Establishment case.

This petition, however, is different from an earlier identical petition since it seeks the release of the former premier on medical grounds.

It cited the National Accountability Bureau (NAB) chairman, the accountability judge and the Kot Lakhpat jail’s superintendent as respondents.

Ex-PM’s petition will be heard by IHC tomorrow

Giving a brief background of the case and trial proceedings, the petition states that Mr Sharif under Section 342 of the criminal procedure code (CrPC) has refuted all allegations levelled against him and taken a categorical stance that the prosecution has miserably failed to discharge the onus placed on it to prove any of the allegations contained in the charges framed against him.

Mr Sharif has been accused of establishing Al-Azizia/Hill Metal Establishment (HME) in the name of his children. The court, however, convicted Mr Sharif by linking him with these companies because of transactions into his account from the HME.

Mr Sharif through his legal team challenged the conviction on Jan 1 and filed a petition seeking suspension of the sentence which after a preliminary hearing has been fixed for Feb 18.

The new petition contended that “the petitioner has now come to know that the appeal and Writ petition filed by him have been fixed by the office for Feb 18”.

According to it, Mr Sharif felt pain in both his arms and numbness of toes. Given his medical history, the matter was reported to the jail superintendent who referred him for medical examination to the Punjab Institute of Cardiology, Lahore, and the Allama Iqbal Medical College/Jinnah Hospital, Lahore.

A special medical board was separately constituted to evaluate the health condition of the petitioner. Although the medical examination of the petitioner was conducted by each of the special medical boards on Jan 16 and a preliminary report, in the case of the Punjab Institute of Cardiology, Lahore, and a final report, in the case of the Allama Iqbal Medical College, was prepared on Jan 16 and 17, respectively, none of these reports, or the results of the lab tests on which the same are based, were shared by the respective board or their heads with the petitioner or his personal physician till Jan 22 while final report of PIC, Lahore, was made available on Jan 24.

Giving the history of Mr Sharif’s health, the petition added that “the past Medical History of the petitioner, showing that the petitioner has been suffering from Ischemic Heart Disease & coronary artery bypass grafting (CABG), Hypertension (HTN), T2-Diabtes mellitus, and Chronic Kidney Disease (CKD)”.

The petition said: “On the basis of the abnormalities exhibited by the Lab data as noted above, the Special Board constituted by the Allama Iqbal Medical College, Lahore has made an assessment to the effect that the petitioner has, Stage 3 CKD (Chronic Kidney Disease) problem secondary to Diabatic Nephropathy and HTN; Uncontrolled HTN; Mild Proteinuria; Suboptimal T2 Diabetes Control; Metabolic Acidosis Nephrolithiasis (i.e. Kidney stones) and benign Renal cysts.”

The petition pointed out that “in the light of the findings given and recommendations made by the two Special Medical Boards in their respective Reports as reproduced in the foregoing paragraphs, the petitioner prays for the suspension of his sentence and release on bail pending final decision of his appeal on purely medical grounds as a case of extreme hardship.”

It further said that “the petitioner’s health condition has considerably deteriorated”. “In this respect, it is submitted that previously the petitioner was suffering from early kidney disease, but now this kidney disease has progressed to third stage, which is just two stages away from end stage renal disease (i.e. chronic renal failure).”

It requested the IHC that “the petitioner is ready and willing to furnish the surety bonds to the entire satisfaction of this hon’ble Court, undertakes to appear before this court on each and every date of hearing fixed in appeal filed by him”.

“It is, therefore, prayed most humbly that during pendency of the appeal filed by the Petitioner against the Judgment dated December 24, 2018…may very graciously suspend the execution of the sentences passed against him, and he be released on bail.”

Published in Dawn, January 27th, 2019