ISLAMABAD: The Islamabad High Court (IHC) on Wednesday granted post-arrest bail to former president Asif Ali Zardari in Park Lane and fake accounts cases on medical grounds against surety bonds of Rs20 million and adjourned proceedings on the bail petition of his sister and lawmaker Faryal Talpur till Dec 17.

Both Mr Zardari and Ms Talpur have been under detention for the past six months.

The court noted that the petitioner, who was one of the accused in a reference pending before an accountability court, “has not been convicted and, therefore, he is to be treated as innocent unless proven guilty”.

The IHC division bench comprising Chief Justice Athar Minallah and Justice Aamer Farooq also observed that the medical board’s opinion was “unambiguous” as a medical report of the former president suggested that his continuous incarceration would adversely affect his health. The refusal of bail under the circumstances would be “tantamount to punishing the petitioner”, the bench observed.

When the court resumed hearing, it examined the facts of the case and heard the additional prosecutor general of the National Accountability Bureau (NAB) on the matter before granting post-arrest bail to the ex-president on medical grounds.

Proceedings on Faryal’s bail plea adjourned to 17th

The anti-graft watchdog had initiated proceedings against Mr Zardari earlier this year while his arrest warrants were issued on June 10 after rejection of his pre-arrest bail. He remained in the custody of NAB for 68 days before being sent to Adiala jail in August on judicial remand. During his incarceration, the health of the petitioner started deteriorating. After a couple of months, the former president and co-chairman of Pakistan Peoples Party (PPP) was finally taken to the Pakistan Institute of Medical Sciences (PIMS) for treatment on the recommendation of a medical board. He had been under treatment at the hospital since Oct 22.

On his petition seeking post-arrest bail on medical grounds, the IHC had on Dec 4 constituted a medical board to ascertain his health condition. The medical board after thoroughly examining the ex-president submitted its report to the IHC on Dec 9.

The medical report states, “With his heart condition and evidence of silent ischemia, he is at risk of Acute Myocardial Infarction, which may lead to a sudden cardiac death.

“The diseases and ailments from which the patient is suffering cannot be treated in the jail as he requires specialized multidisciplinary consultants, therapist and investigations on a daily basis as per requirement.

“His continuous detention in the jail can be hazardous to his life both in terms of multiple comorbids and permanent impairment.”

The IHC on Wednesday asked NAB’s additional prosecutor general Jahanzaib Bharwana to read the medical examination report and sought his comments. Mr Bharwana read out the report and said it would set an altogether new precedent.

After hearing the prosecutor, the court in its order sheet stated: “We have carefully gone through the medical report submitted by the medical board. The learned additional deputy prosecutor general of the bureau was asked whether he opposes grant of bail on medical grounds keeping in view the opinion of the medical board which has explicitly mentioned in its report, dated December 9 that treatment cannot be provided in the prison and continuous detention could be fatal. He has stated that the principles for grant of bail are settled.”

According to the court order, the petitioner is one of the accused in a reference pending before the accountability court. He has not been convicted and, therefore, he is to be treated as innocent unless proven guilty. The opinion of the medical board is unambiguous. Further incarceration of the petitioner will not serve any useful purpose. Moreover, his constitutionally guaranteed right to life is not impaired or suspended merely because proceedings under the NAB Ordinance, 1999 are pending before an accountability court. Keeping in view the unambiguous opinion of the medical board, refusal to grant bail to the petitioner on medical grounds would definitely be in violation of his fundamental right guaranteed under Article 9 of the Constitution.

“Even otherwise, it would be in public interest to grant bail in favour of the petitioner because his medical treatment during his incarceration is an expense on the public exchequer. Releasing him on bail will enable him to receive medical treatment of his choice and at his own expense.

“In the light of the facts and circumstances of the present case, refusal of bail will tantamount to punishing the petitioner,” the court observed.

The IHC bench ruled, “For the above reasons, we allow this petition and grant the concession of bail on medical grounds to the petitioner subject to furnishing surety bonds.”

Bilawal concerned over medical findings

PPP chairman Bilawal Bhutto-Zardari, who witnessed the court proceedings, later talking to the media, said: “The medical report is quite concerning for us.

“Different illnesses and issues which the report has identified are serious and dangerous. And we want his proper treatment as soon as possible.”

Mr Bhutto-Zardari said the “honourable judge has granted bail to president Zardari. All the workers had sided with the party in this difficult period and prayed. Because of these prayers, president Zardari was granted medical bail. We are thankful to the judges that today they did justice to us that president Zardari has been granted bail.

“The government and NAB want to pressure us. Even today in the case of Ms Faryal, NAB did not bring its comments and response. Now we will have to wait until the 16th. If this NAB and this government think that we will be pressured by their tactics then this is their misunderstanding. I would like to tell them that there is a lot of power in the prayers of the poor people of Pakistan and president Zardari is now coming out. Insha Allah very soon president Zardari will be treated and you all know that president Zardari is hunter and he will come out for hunting the player,” he said.

Deputy chairman of Senate Salim Mandviwalla, too, welcomed the grant of bail to the former president. He deserved medical treatment of his choice, Mr Mandviwalla said, adding that he also prayed for speedy recovery of the ex-president.

Published in Dawn, December 12th, 2019