ISLAMABAD: A division bench of the Islamabad High Court (IHC) has discarded the medical report of former prime minister Nawaz Sharif for being “vague” and subsequently dismissed his petition seeking suspension of his sentence on medical grounds.

The detailed judgement of the IHC bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani on Mr Sharif’s petition issued on Friday expressed confidence over the medical treatment provided to the former prime minister by Kot Lakhpat jail authorities.

It may be mentioned that the same bench dismissed the pre-arrest bail of former president Asif Ali Zardari in the fake accounts case after which Mr Zardari withdrew his three petitions seeking bail in the Park Lane, luxury and armoured vehicles cases.

In the petition Mr Sharif sought suspension of his sentence and subsequent release on bail owing to his ‘deteriorating’ health condition.

Court in its detailed order expresses confidence over medical treatment being provided to ex-PM by jail authorities

Mr Sharif’s counsel, Khawaja Haris Ahmed, argued before the IHC that a special medical board constituted by the Sharif Medical City which comprised senior doctors of the Sheikh Zayed Hospital and Doctors Hospital Lahore opined that since Mr Sharif was seriously suffering from multiple ailments and the required facilities were not available in Pakistan, he should receive medical treatment abroad preferably from doctors who treated him in the past.

According to the counsel, besides cardiac problems, high blood pressure and diabetic and renal disorders, the Mr Sharif is also facing intense depression, especially since the demise of his spouse.

The IHC division bench also expressed doubts over the veracity of the opinion of the foreign-based specialist doctors who recommended Mr Sharif’s treatment abroad as the written order stated, “the opinions are of private doctors, the veracity of which, cannot be determined”.

The order said, “final report of Sharif Medical City and the recommendations of foreign doctors are vague”.

The court observes that the final report summarises the ailments and their nature, but as such, does not prescribe any plausible treatment of the same. Even the fact that these ailments can be treated abroad only has not been mentioned.

Ascertaining the medical report, the court order noted, “on page-5 of the final report, medication has been suggested and recommendation has been made with respect to heart condition suggesting that the treatment should [be] made where advanced facilities are available, however, it has not been suggested that same are not available in Pakistan”.

The bench pointed out that the Supreme Court bench headed by the Chief Justice of Pakistan examined these reports and the documents attached with the petition in hand but “the august apex court decided not to review its earlier order or grant of bail”.

It may be mentioned that the National Accountability Bureau (NAB) in a written reply to Mr Sharif’s petition has declared that the former premier is not suffering from any “life threatening” disease and expressed doubt over reports of the medical board constituted to examine his health.

The detailed order explained that “right to life is undoubtedly is a fundamental right…if the prisoner is being provided adequate medical treatment, then release on bail is not a ground available to him”.

The court expressed confidence over the medical facilities being provided by Kot Lakhpat jail and observed that, “the petitioner [Nawaz Sharif] is receiving best possible heath care” and the superintendent jail might refer the patient to the medical board if required.

“For the above reasons, we find the instant petition to be without merit hence dismissed”, the detailed order concluded.

Published in Dawn, June 29th, 2019