ISLAMABAD: The Islam­abad High Court (IHC) on Monday sought the medical report of former prime minister Nawaz Sharif while hearing his petition seeking his release from jail on medical grounds.

An IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani also issued notices to the National Accountability Bureau’s (NAB) chairman and the Kot Lakhpat jail’s superintendent and adjourned the hearing till Feb 6.

In the petition, the former prime minister has sought suspension of seven-year sentence awarded to him by accountability court Judge Mohammad Arshad Malik in the Al-Azizia/Hill Metal Establishment case.

Mr Sharif made the NAB chairman, the accountability judge and the Kot Lakhpat jail’s superintendent as respondents in the petition.

According to the petition, under Section 342 of the criminal procedure code (CrPC), the former prime minister 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.

It stated that 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. The former prime minister 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.

He adopted in his new petition 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.

The petition said that 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.

It added that 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.

It further said, “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)”.

“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 Diabetic Nephropathy and HTN; Uncontrolled HTN; Mild Proteinuria; Suboptimal T2 Diabetes Control; Metabolic Acidosis Nephrolithiasis (i.e. Kidney stones) and benign Renal cysts,” added the petition.

It maintains, “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.”

The petition says that the petitioner is ready and willing to furnish the surety bonds to the entire satisfaction of this court, undertakes to appear before this court on each and every date of hearing fixed in appeal filed by him.

Mr Sharif requested the court that during pendency of the appeal filed by him against the judgement dated Dec 24, 2018, this court may suspend the execution of the sentences passed against him and he be released on bail.

Published in Dawn, January 29th, 2019