Daily Times

Yet again, three times Prime Minister of Pakistan is in pursuit of justice from the powers that be. Despite being in a precarious condition, he awaits complete justice that otherwise should have been available, ordinarily to an ordinary man. Mian Muhammad Nawaz Sharif was released on bail by the Lahore High Court in Ramzan Sugar Mills case on Friday 25th of October, and the judgment was expected to have a persuasive value before the Islamabad High Court where Nawaz Sharif had sought suspension of his sentence already awarded to him in Al-Aziza Steel Mill reference case.

The peculiar health condition of the former premier, Mian Muhammad Nawaz Sharif demanded an urgent hearing of a criminal miscellaneous application filed by his brother and party president Mian Shehbaz Sharif in view of his  deteriorating health before a special bench on Saturday 26th of October 2019, where he was granted interim relief and the case was relisted for hearing on 29th of October 2019 where the incumbent Cheif Minister Punjab and Provincial Law Minister, Punjab were also summoned. The Honourable Judges explored the possibility of suspension of Nawaz’s sentence under Section 401 (2) C.r.PC that permitted the release of a  prisoner under custody in extraneous circumstances, which clearly had been made out in this particular case. The lawyers of Nawaz Sharif had unequivocally proved that it was a case of extreme hardship and within the Constitutional jurisdiction of the Honorable High Court under Article 199. The Honourable Judges of the Islamabad High Court are inherently empowered to take measures ensuring the safety, health & stability of the citizens who approach for the protection of their fundamental rights.

As such, there is no provision for bail or suspension of sentence under the NAB law. The law which is these days being used as the worthiest tool for the victimization of political opponents. Bail for NAB cases is applied to the High Court invoking the High Court’s constitutional jurisdiction, exercising which the Lahore High Court granted bail to Mian Nawaz Sharif. However, the case before the Islamabad High Court was not of bail, but the suspension of sentence. In the Islamic Republic of Pakistan, where the people are guaranteed a right to life and liberty enshrined in article 9 of the constitution, the decision seems nothing short of depriving the former premier of his life and liberty.

The judgment that suspends the sentence for 8 weeks, also directs Mian Muhammad Nawaz Sharif to approach the Punjab Government for the continuation of bail and says that if failed in doing so, the said order shall cease after the prescribed time. What needs attention is that Nawaz did not become sick overnight. He had been unwell long before he was brought to the Services hospital on the eve of 22nd of October 2019. It is the same Punjab Government that played an important role in getting the former Prime Minister where he happens to be today. The purpose of bail on medical grounds is to ensure effective medical facilities to the prisoner within or outside the country which will stop further deterioration of his health. Under these circumstances, is an order leaving the victim at the very mercy of its adversaries be just, and one guaranteeing a right to life and liberty? the question remains unanswered.

Given the fact that NAB law is a special law and strict applicability of the Criminal Procedure Code (Cr.PC) is not a possibility in its truest essence, hence, only an analogy could be drawn as seen in cases of for example Anwar Saifullah, etc. There are a number of judgments that keep reiterating that the regular and ordinary laws do not have stricto-senso applicability but still bail applications are filed and sentences are suspended by the High Courts in Constitutional Jurisdiction time and again. What made the case of Mian Nawaz Sharif so different or extraordinary? That the onus of suspension of sentence was being put on Punjab Govt when the Honourable High Court could have suspended the sentence itself given the sensitive and peculiar circumstances of the case and the entire discussion between the bar and the bench during the proceedings seemed like a ping pong game where everyone shied away from taking any responsibility.

It seems the pressure from several stakeholders, has become a deciding factor. The judiciary seems very much concerned to dispel the impression of a deal. While the Division Bench of the Honorable Islamabad High Court passed the said order in exercise of its constitutional jurisdiction, the direction to approach the Punjab Government hints towards another alternate remedy. Can the long discussion regarding the applicability of Section 426, be deemed futile when the Court was to exercise its constitutional powers under Article 199? Or if it was the case as such of approaching the provincial government, what grounds does the said order hold in presence of a not so efficacious, alternate remedy?

The authors/writers of this article are lawyers and tweet as @HAqeelMalik & @SheikAmina