LAHORE/ISLAMABAD - Two division benches of Islamabad and Lahore high courts yesterday issued notices to the National Accountability Bureau (NAB) and Punjab chief secretary in two separate bail petitions seeking release of former prime minister Nawaz Sharif on medical grounds in Chaudhry Sugar Mills (CSM) case.
Meanwhile, ousted prime minister Nawaz Sharif’s daughter Maryam Nawaz on Thursday moved Lahore High Court for her release on bail on humanitarian grounds to look after his ailing father. The top court of the province issued notice to the NAB in this regard.
Lahore High Court’s division bench consisting of Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem sought medical reports of former prime minister Nawaz Sharif till Friday (today) in petition filed by Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif for release of his elder brother Nawaz Sharif for treatment in or outside the country.
The court issued notice to National Accountability Bureau (NAB) and sought arguments on maintainability of the petition.
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The bench also summoned Prof Dr Mehmood Ayaz, head of the medical board constituted for the PML-N leader’s treatment. At the outset of the proceedings, the bench inquired why Nawaz Sharif himself did not file the petition for his release.
The petitioner’s counsel replied that Nawaz Sharif was hospitalised and not in a position to file the petition. He submitted that Shehbaz Sharif filed the petition in view of his brother’s condition.
Referring to Supreme Court judgements, he argued that a close relative could file a petition if someone was not in a condition to do so.
At this, the court ordered Advocate General Punjab Jamal Sukhera to submit medical reports of Nawaz Sharif by Oct 25, besides ensuring presence of head of the medical board, constituted for his treatment.
The court also issued notices to the bureau on petitions while adjourning further hearing till Friday.
Earlier, the Punjab advocate general appeared before the bench on being summoned in the case.
A division bench of IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani also sought medical record of Nawaz Sharif from the board of doctors treating the former prime minister.
The IHC dual bench issued these directions while hearing a petition moved by PML-N President Shehbaz Sharif and deferred the hearing till today.
The bench noted in the court order, “Office has raised objections to the filing of instant petition, which are reflected at serial No 35 and 37 of the objection sheets. Learned counsel for the petitioner inter-alia contends that there is no bar on any person under Article 199 of the Constitution to file a petition for suspension of the sentence in the form of bail.”
After hearing the arguments of the petitioner’s counsel, the bench overruled the office objection regarding locus standi and also maintained, “The other office objection pertains to the medical reports, which is also overruled as it is expected that the concerned authorities shall be providing medical reports. Office is directed to number the petition.”
The IHC bench said that the counsel for the petitioner inter-alia contended that the medical condition of Nawaz Sharif had deteriorated significantly since the last bail application decided by this court and it could be described as life threatening that consequently in the circumstances, his continued incarceration was detrimental to his life.
Shahbaz Sharif moved the petition through his counsel Khawaja Haris Advocate and cited the state through chairman National Accountability Bureau, NAB, Director General NAB Lahore, Superintendent Jail Kot Lakhpat Lahore and Medical Superintendent Services Institute of Medical Services Lahore as respondents.
He adopted in the petition that Nawaz Sharif had been hospitalised pursuant to his blood platelets having gone down to 16,000 while in NAB custody and the same having gone further down to 2,000 per microliter. This was an alarming situation as it posed a serious threat to his life.
In Chaudhry Sugar Mills/money-laundering case, the accountability bureau had arrested Nawaz Sharif, his daughter and his nephew Yousaf Abbas.
At present, Nawaz Sharif is on physical remand in NAB’s custody till October 25 while Maryam and Yousaf Abbas are on judicial remand in the case.