ISLAMABAD/LAHORE: Former premier Nawaz Sharif was released from Kot Lakhpat jail late Tuesday night hours after the Supreme Court suspended his sentence in the Al-Azizia reference and granted him bail on medical grounds for six weeks.

But the reprieve came with the rider that he will not leave Pakistan during this period and will file a fresh petition before the Islamabad High Court (IHC) for further bail if his health condition deteriorates and he still needs medical attention.

Leader of the Opposition in the National Assembly and Pakistan Muslim League-Nawaz president Shahbaz Sharif, who along with other members of the ex-PM’s family was waiting at their Jati Umra residence to welcome him in the early hours of Wednesday, said that his foremost priority at the moment was the health of his elder brother. In a tweet, ex-PM’s daughter Maryam Nawaz said: “Insha’Allah, MNS will be home soon. Want to take this opportunity to thank Allah & then every PMLN supporter. You guys were instrumental in keeping my spirits & hopes high. I have no words to express my gratitude. May Allah bless you all profusely. Ameen.”

CJP-led SC bench allows ex-PM to get medical treatment from doctors of his choice, bars him from leaving Pakistan during the bail period

The decision on the ex-PM’s appeal against the IHC order of rejecting his bail plea on medical grounds was pronounced by Chief Justice of Pakistan Asif Saeed Khosa who headed a three-judge Supreme Court bench. He said: “We have pondered over from various aspects and decided in the following terms that his sentence is suspended and he is admitted to bail for six weeks from the date he is released.”

The order instantly encouraged muted approval from those in attendance in the courtroom, prompting the chief justice to order them to be quiet as there were more to come in the order. The PML-N leaders present in the courtroom included former prime minister Shahid Khaqan Abbasi, Raja Zafarul Haq, Ayaz Sadiq, Pervez Rasheed and Rana Sanaullah.

The verdict was also appreciated by former president Asif Ali Zardari who felicitated the ailing Sharif for getting the much needed relief for medical treatment. “Those ridiculing physical ailments are themselves suffering with the scourge of intolerance,” he remarked.

The decision requires Nawaz to remain in Pakistan for six weeks from the date of his release on bail. He will neither leave Pakistan nor will be allowed to go abroad, according to the verdict.

After the six-week period, the short order explained, the bail would automatically stand cancelled and Nawaz would have to voluntarily surrender himself otherwise he would be taken into custody. If during the six weeks, the appeal filed against conviction was finally decided by the IHC, then upon such decision, Nawaz’s custody would be regulated by the high court, if needed.

The SC order explained the ex-PM would get medical treatment from the doctors of his choice during the bail period but if his health deteriorated and he still needed medical attention, he would have to approach the high court for fresh bail.

The order stated he would have to furnish two surety bonds of Rs5 million each to the satisfaction of the SC registrar so that he could be released from Kot Lakhpat jail where he was serving sentence for seven years in the corruption reference.

Nawaz is already on bail in the Avenfield apartments reference in which an accountability court had sent him to jail for 10 years. The IHC later suspended the sentence.

Earlier, Advocate Khawaja Haris Ahmed argued before the SC bench that his client needed stress-free environment for eight weeks to think about getting treatment from the doctors of his choice for his cardiac ailment. He argued his client was in a condition where he needed examination by his personal doctors. He said what harm would come if he was granted bail to get himself treated.

The court could even fix a timeframe for the treatment, the counsel argued, recalling that when his wife, Kulsoom Nawaz, was under treatment at a hospital in London, Nawaz returned to Pakistan to face the trial before the accountability court despite rumours that he might not come back. “All I am asking is to let his client have a stress-free environment so that he decide by himself, which doctor to consult for the angiography procedure and then return to serve rest of the sentence,” the counsel argued and presented a fresh medical report on the condition of his kidneys.

In its written order, the SC said the counsel prayed that Nawaz be released on bail upon suspension of his sentence for eight weeks so as to provide him an opportunity of proper medical treatment and upon expiry of the requisite period the petitioner would voluntarily surrender to custody.

Additional prosecutor general of National Accountability Bureau (NAB) Jahanzaib Khan Bharwana, however, argued that the petitioner was a convicted prisoner who was already being offered as well as afforded the best medical treatment and facilities available in the country.

NAB inquiries

While pointing towards the additional prosecutor general of NAB, the chief justice of Pakistan wondered whether the bureau gave so much stress to those facing corruption inquiries that they become sick. “Why doesn’t the bureau that recovers billions of rupees set up a state-of-the-art hospital for the treatment of those who fall ill?” he remarked.

CJP Khosa observed: “People [facing NAB inquiries] have now started committing suicide and the Supreme Court has taken up the matter of mysterious suicide committed by former intelligence officer and analyst Asad Munir.”

The medical reports brought on record did suggest that Nawaz had a long history of ailments, including cardiac complications, kidney problem, hypertension and diabetes, the court observed.

Some of the reports prepared by the medical boards and available on record clearly recommended that “the patient’s current symptoms necessitate coronary angiography, after nephrologist’s clearance” and that “the patient needs cardiac catheterization, for further management, in view of his symptoms of angina. Because of long, complicated cardiac surgical history, cardiac surgical backup is recommended during the catheterization.” It has clearly been mentioned in such reports that while undergoing angiography Nawaz “will be at a mild [to] moderate risk of contrast including nephropathy,” the order recalled.

“In this peculiar backdrop, and extending due deference to the consistent medical opinion of senior doctors, counsel’s prayer regarding Nawaz Sharif’s admission to bail upon suspension of his sentence for a limited period has been found by us to be reasonable,” the order said.

This petition is, therefore, converted into an appeal and the same is allowed and consequently Nawaz Sharif is admitted to bail upon suspension of his sentence, the order concluded.

Published in Dawn, March 27th, 2019