Former prime minister Nawaz Sharif yesterday informed the Islamabad High Court that it was not possible for him to return to the country and surrender.
The PML-N supremo informed the court of his inability to return through a review petition against the IHC’s order that had directed him to surrender before the court by September 10.
The petition was filed by Nawaz’s lawyers, Khawaja Harris and Munawar Iqbal. The application includes recent medical reports and requests the court to go ahead with the hearings in the presence of the deposed prime minister’s counsels.
Nawaz informed the court that the undertaking that was taken from him had included the condition that the government would first check in on his health. He also informed the court that the federal government had not made any efforts in this matter.
“The federal government does not have any authentic information about my health,” Nawaz has claimed in his petition. He added that the doctors have not issued any certificates that would declare him “fit” to return home.
The medical reports attached with the application also included an advice by American cardiologist Dr Fayyaz Shaal.
The US doctor said that the former prime minister needs an angiography and a surgery in case of any complications.
“Sharif should not travel at all in this situation,” suggested the doctor. Dr Shaal added he agrees with the former prime minister’s physician Dr Lawrence in London.
The cardiologist said the PML-N supremo should not return to Pakistan till his angiography is done in the UK, adding that travelling amid the coronavirus pandemic is also dangerous.
Dr Shaal added that the former prime minister should also sit in open spaces. He added Sharif was under extreme stress and it may increase if he returns to Pakistan.
The review plea has been filed a day before the deadline given to Sharif to surrender before the court expires.
The Islamabad High Court had granted Sharif an “opportunity” to surrender and present himself before the court by September 10.
Last week, a two-member bench of the Islamabad High Court comprising justice Aamer Farooq and justice Mohsin Akhtar Kayani had issued the orders while hearing the appeals filed by National Accountability Bureau (NAB) against the former prime minister’s acquittal in the Flagship reference as well as appeals against his conviction in the Al-Azizia reference.
“We are not declaring Sharif an absconder,” justice Amir Farooq had observed. “We are giving him an opportunity to surrender before the court.”
Sharif’s attorney Khawaja Haris had argued before the court that his client’s bail had been approved after his sentence in the Avenfield Apartments reference had been suspended.
He said that the PML-N supremo had been granted conditional bail in the Flagship reference.
“Sharif’s current status is that he is not out on bail,” said Haris. “The legal position is that Sharif is out of custody seeking medical treatment abroad and not on bail.”
Justice Farooq responded by saying Sharif was granted conditional bail for a specific time. Harris pointed out that Sharif’s medical reports, which stated that he was ill, were provided to the Punjab government.
“Even then, Sharif’s request for the bail extension was rejected,” he said.
In response to a bench’s question, Haris replied that Sharif’s appeal for bail extension was rejected by the Punjab government on February 27.
The court then wondered whether the PML-N leader’s sentence in the Al-Azizia reference ended after the Lahore High Court’s order to the government to take Sharif’s ’s name off the Exit Control Lists.
“The IHC suspended Sharif’s sentence in the Al-Azizia reference for a short period. After the Lahore High Court’s verdict, can the IHC’s order be superseded,” asked the court.
“It’s not like Sharif does not want to surrender before the court,” stressed Haris.
The court said that the matter of the ECL was being heard by the LHC whereas the IHC was concerned with the issue of the suspension in sentence and bail.
Nawaz Sharif (file picture)
