Khudayar Mohla –
A division bench of the Islamabad High Court will take up plea of former Prime Minister Nawaz Sharif on Tuesday seeking two remedies including suspension of his sentence in Al-Azizia reference and bail on medical grounds.
Nawaz Sharif has urged the court for remedies in the matter as a bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani will hear fresh petition which Sharif’s counsel Khawaja Haris has filed second time.
Seeking the remedies, Nawaz Shari has made National Accountability Bureau (NAB) chairman, judge Accountability Court (AC)-II Islamabad and Kot Lakhpat Jail superintendent as respondents.
Sharif submitted that the AC has convicted him in reference No 19/2017 under Section 10 of NAO, 1999 for a term of seven years along with fine of Rs1.5 billion. He further said that against the aforesaid conviction and sentence, the petitioner had filed an appeal before this court and the same is now fixed for June 19 awaiting preparation of paper books of the trial proceedings.
“During the pendency of the Criminal Appeal No 1/2019, the petitioner had initially applied for the suspension of his sentence and bail by filing writ petition No 32/2019 on 15-1-2019. However, later, on January 26, 2019, he filed another writ petition No 352-B/2019 for the suspension of his sentence and his release on bail on medical grounds and thereafter, on February 6, 2019, applied for withdrawal of his earlier petition No 32/2019 pursuant to which prayer for withdrawal was allowed on February 12, 2019”.
Sharif’s counsel submitted that subsequent to the release of the petitioner on bail in pursuance of the Supreme Court order of March 26, 2019, he underwent multiple medical tests to ascertain the exact and precise extent and pervasiveness of the maladies from which he was suffering as necessitated before commencement of treatment.
Khawaja Haris further said that after medical tests of Sharif, it was transpired that his health had considerably “deteriorated” since his last medical check-up by the special medical boards constituted by the government of Punjab and accordingly, the treatment required for the petitioner was also much more complicated and extensive than it was at the time when the aforementioned special medical boards had examined.
In order to substantiate his claim, Haris said while submitted medical reports of Sharif that his client’s life is under threat owing to his fast deteriorating health saying Sharif’s treatment is impossible inside prison according to doctor’s advice .
Khawaja further said while citing doctors advice that Sharif’s condition is quite critical who said that Nawaz is suffering from numerous diseases that can prove to be threatening to the incarcerated former PM’s life.
Besides, the counsel has also attached recommendations of the specialist doctors hailing from the United Kingdom and the United States with the plea.
The petitioner said that Sharif was facing life threats owing to his worsening health and his treatment was not possible in the prison while Sharif intended to get himself treated from the same doctors who treated him in the past, abroad.
The petitioner maintained that political opponents are making propaganda that the petitioner, in seeking bail on medical grounds for his treatment abroad, is actually seeking for a “NRO”, is not only tantamount to contempt of court. Khawaja Haris termed the propaganda as malicious and false to the knowledge of such politicians and TV anchors saying the same stands comprehensively refuted by the past conduct of the petitioner.
“Therefore, he prayed to the court to suspend the sentence awarded to him by the judge of accountability court and to release him on bail pending final decision of his appeal against the said conviction and sentence, on such terms and conditions as are deemed to be just and fair in the facts and circumstances mentioned in the instant petition”.
