The Islamabad High Court on Monday rejected a petition seeking release of former prime minister Nawaz Sharif on bail on medical grounds.
An IHC bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani announced the short order in the open court, saying bail could not be given on medical grounds.
The 9-page detailed order notes that Sharif sought his release on bail “solely” on medical grounds.
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.
“In ‘The State Vs. Haji Kabeer Khan’ case, the Supreme Court observed that [the] 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.
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”.
“We have always respected court orders; we respect this one as well. We will take all legal routes that are available [to challenge],” said Abbasi. “The treatment required [for Sharif] cannot be provided in jail; it is important that he is released [from jail].”
Sharif was shifted from Kot Lakhpat Jail — where he is serving his sentence — to Jinnah Hospital 10 days earlier.
Following the verdict, Sharif’s daughter Maryam Nawaz shared a line on Twitter from a poem by Punjabi/Seraiki poet Shakir Shujabadi: “Dua Shakir tu mangi rakh, dua jaane, Khuda jaane.”
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.
