ISLAMABAD - The Islamabad High Court (IHC) will take up today an application of former prime minister Nawaz Sharif’s application for withdrawal of his earlier petition seeking bail and suspension of his sentence in the Al-Azizia reference.
A division bench of IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani will conduct the hearing of Nawaz Sharif’s application moved through his counsel Khawaja Haris.
Harris said that his client intends to withdraw the writ petition No 32 seeking bail and suspension of his conviction because he desired to pursue his plea seeking suspension of sentence and his release on bail on medical grounds.
The counsel added that Sharif’s two writ petitions were subjudice before the court against the Al-Azizia case. He continued that the Constitution stated that relief was not granted on a matter with two writ petitions. Therefore, he said, “I want that the court may hear only petition No 352 so that my client can be released on medical grounds.”
In this matter of former prime minister Nawaz Sharif seeking his release from jail on medical grounds, the IHC dual bench had, previously, sought reply from NAB and Punjab government and deferred hearing till tomorrow.
However, the NAB prosecutor had opposed the bail plea and argued that the sentence of a convict could not be suspended on medical grounds. Kot Lakhpat Jail’s officials had also submitted medical reports of the former prime minister to the bench.
According to the reports, Nawaz Sharif was suffering from disease related to heart arteries and it was necessary to maintain his blood sugar chart.
In the petition, the former prime minister has sought suspension of seven-year sentence awarded to him the Al-Azizia/Hill Metal Establishment case and his release on medical grounds. According to the petition, 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 Sharif has been accused of establishing Al-Azizia/Hill Metal Establishment (HME) in the name of his children. The court, however, convicted Nawaz 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 January 1 and filed a petition seeking suspension of the sentence which after a preliminary hearing has been fixed for February 18.
He adopted in his new petition that the petitioner has now come to know that the appeal and writ petition filed by him has been fixed by the office for February 18.
The petition said that Sharif has 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 January 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 January 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 January 22 while final report of PIC, Lahore, was made available on January 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)”.
Sharif said that he is ready and willing to furnish the surety bonds to the entire satisfaction of this court.
Therefore, he prayed to the court that during pendency of the appeal filed by him against the judgment dated December 24, 2018, this court may suspend the execution of the sentences passed against him and he be released on bail.