ISLAMABAD: The Supreme Court (SC) on Friday dismissed a petition filed by ousted prime minister Nawaz Sharif seeking permanent bail on medical grounds.
A three-member bench headed by Chief Justice Asif Saeed Khosa heard the case in Court Room no. 1.
The chief justice said the SC had given Nawaz six weeks bail to seek life-saving treatment but the entire bail duration had instead been spent conducting tests to ascertain the state of the former prime minister’s health.
“We gave him six weeks bail – as recommended by five medical boards and 31 doctors – for angiography, but the time was spent conducting evaluations and tests,” said Justice Khosa.
The conduct of the petitioner shows there is no imminent threat to his life and the plea was based more on apprehensions, said the chief justice. He conceded that new medical reports did show that Nawaz’s health was worsening and not improving. However, CJP Khosa
said it was possible for the Pakistan Muslim League – Nawaz (PML-N) supremo to be treated in prison, as the superintendent would be empowered to send him to hospital as and when required.
The chief justice also made it clear that the SC cannot review its order on the basis of new medical reports regarding Nawaz’s health.
Anyone who applies for bail on medical grounds claims their life is in danger, he said.
If that route is taken, the review will become an unending process, he said. The CJP clarified that a review did not entail reconsideration and, rather, was a process wherein the court only corrects its errors.
Regarding Nawaz’s stress levels, the CJP noted that it was natural for every prisoner to be under stress in jail.
The CJP also referred to a case wherein the SC had cancelled a convict’s interim bail on the grounds that he had failed to undergo the operation that he purportedly required.
On the medical opinion shared by foreign doctors, the SC bench noted that they had just offered their services for treatment through letters.
Those letters are not enough for us to accept their opinion, said CJP Khosa.
Another member of the bench, Justice Yahya Afridi, said matters must be dealt in accordance with the law and relief should not be afforded on the opinion of individual doctors.
The court should only rely on opinions proffered by medical boards, he said.
Earlier, CJP Khosa defended the SC order for interim bail saying that it was common practice as hundreds of convicts were granted bail on medical grounds.
Even death sentences have been suspended over medical concerns, so it is surprising to see the courts being maligned in this instance, said the CJP.
In the wake of the SC decision, Nawaz now has to surrender to jail authorities on May 7 (Tuesday), the day his six-week bail term expires.
Security around the apex court premises was beefed up and special security passes were issued for those wanting to attend the hearing. Advocates and journalists who cover the top court have been exempted from passes. No cell phones are allowed inside the courtroom. – Agencies
