Former Prime Minister Nawaz Sharif will continue to languish in jail as Islamabad High Court (IHC) on Monday rejected his plea seeking the suspension of his sentence in Al Azizia verdict of corruption on medical grounds.
The IHC bench comprising Justice Aamir Farooq and Justice Mohsin Akhtar Kiyani sealed Nawaz’s fate for now with “petition dismissed”. The court made it clear that the former prime minister will have to serve the sentence in prison.
The bench announced the judgment around 12:30 pm while the court room remained jammed packed one hours in advance with lawyers, Pakistan Muslim League (PML-N) senior leaders including former Prime Minister Shahid Khaqan Abbasi, Marryam Aurangzaib, Khawja Muhammad Asif, Talal Chauhdry and other party workers.
Currently, the former premier is undergoing treatment at the Jinnah Hospital in Lahore while his room in the hospital has been declared a sub-jail by the Punjab government.
The court observed in the released judgment that that petition which filed for bail on medical grounds lacked merit. It said that he (Nawaz Sharif) sought his release on bail ‘solely on medical grounds’ while his medical reports do not suggest his continued confinement will be harmful to his life.
The verdict added that his condition cannot be considered as an extraordinary situation or case of excessive hardship, adding that he is also receiving excellent medical treatment in the hospital (Jinnah Hospital).
It was also highlighted in the judgment 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.
Regarding court’s authority for suspension of awarded sentence, the IHC observed “although it was in jurisdiction to the court but such jurisdiction is to be exercised sparingly, in extraordinary circumstances and in cases of extreme trouble”.
The judgement said that the petitioner 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, it was decided.
“In the case, the law was duly followed and the petitioner was taken to the hospital as and when he complained about his health”, it added.
Soon after the verdict’s announcement, a significant number of the PML-N supporters gathered outside the court premises and started chanting slogans in favour of the party former president.
While talking to media, former Prime Minister Shahid Khaqan Abbasi termed the verdict very ‘disappointing’. Other party leaders told reporters that PML-N respected the court orders, and as always, will continue to respect this order. They also said that after the consultation with senior leadership, legal methods will be adopted to challenge the verdict. They said that the party leader needed extensive care for treatment which, in their opinion, is not possible in the jail.
According to the details, Nawaz Sharif was shifted from Kot Lakhpat Jail, where he is serving his sentence, to Jinnah Hospital 10 days ago.
Accountability court Judge Mohammad Arshad Malik had on December 24, 2018 convicted Sharif in the Al-Azizia Steel Mills Company (ASCL) and Hill Metal Establishment (HME) reference, and awarded him seven years imprisonment with a fine of Rs1.5 billion and $25 million.
The bench had on Wednesday reserved the decision on the petition seeking the suspension of seven-year sentence awarded to Sharif in the Al-Azizia reference.
The former premier Nawaz Sharif has decided to move the Supreme Court against the verdict of Islamabad High Court (IHC) pertaining to the rejection of his bail plea in Al-Azizia reference.
Published in Daily Times, February 26th 2019.
