Nawaz’s plea for bail on medical grounds rejected by Islamabad High Court
The Islamabad High Court on Monday rejected a petition seeking release of former prime minister Nawaz Sharif on bail on medical grounds in the Al-Azizia corruption case.
An IHC bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani announced the short order in the open court, saying the petition for bail on medical grounds lacked merit.
Court reasons for rejecting Sharif's petition
- He sought his release on bail solely on medical grounds
- Sharif's medical reports do not suggest his continued incarceration would be harmful to his life
- He is already receiving "best possible medical treatment available" to any Pakistani
- His condition cannot be regarded as an extraordinary situation or case of extreme hardship
- The petition was without any merit
The 9-page detailed order notes that Sharif sought his release on bail "solely" on medical grounds. It points out that the former premier had previously filed a second petition seeking suspension of his sentence and release on bail on merits of the case, but subsequently withdrew the same.
While observing that the court has the jurisdiction to suspend a sentence or to release a prisoner on bail (whether under trial or convicted) under Article 199 of the Constitution, the order says: "However, such jurisdiction is to be exercised sparingly, in extraordinary circumstances and in cases of extreme hardship."
Talking about whether Sharif's condition could be termed as an "extraordinary situation and one of extreme hardship", the bench referred to a number of cases, including that of PPP leader Sharjeel Memon, whose bail plea on medical grounds was refused.
Related: 'Why does everyone arrested by NAB fall ill?': SC on Sharjeel Memon's appeal
In ‘The State Vs. Haji Kabeer Khan’ case, the Supreme Court observed that an accused "would not be entitled to the grant of bail, if he is getting proper treatment either in hospital or jail," the order noted.
"None of the reports [about Sharif's condition] suggest that continued incarceration of the petitioner, in any way, would be detrimental to his life," it added.
According to the judgement: "The petitioner [Sharif] has been hospitalised time and again since January, 2019, whenever he made complaints about his indisposition. In fact the reports of board of doctors and various teams constituted, are indicative of the fact that petitioner is receiving best possible medical treatment available to any individual in Pakistan."
"The referred fact cannot be regarded as an ‘extraordinary situation’and/or case of ‘extreme hardship’ [...] being indisposed per se cannot form basis to be released on bail.
"In the instant [Nawaz Sharif's] case, the law was duly followed and the petitioner was taken to the hospital as and when he complained about his health."
The court, concluding its order, said it found the "petition to be without merit" and dismissed the same.
Verdict 'disappointing': PML-N
The senior leadership of the PML-N was present in the court to hear the verdict, while supporters chanted slogans in favour of the party supremo outside. Speaking to the media, former prime minister Shahid Khaqan Abbasi deemed the verdict "disappointing".