Daily Times

The prevailing system in the country is very much discriminatory. It is super active against the weak, and unfortunately, weak against the powerful. The system is extraordinarily lenient to the powerful political clan of Punjab.

When it is a matter of the Sharifs of Lahore, the rule of law is a piece of paper, which can be thrown out, altered or defined differently to facilitate them. This has been the case over the years.

Nawaz Sharif has reached London on the wings of “the humanitarian card;” leaving behind a debate. It would not be an exaggeration to assume the ailing, under our discussion, is not going to return to the country.

Dr Adnan, his doctor in attendance in London, has said that the patient is being treated and his full recovery might take some months. Our prayers and sympathies are with the ailing PML-N supremo.

Having said that, now the critical evaluation of the circumstances surrounding the rare “health package” given to the former PM–a convicted prisoner–is of great magnitude.

Some months back, I had a debate with some friends in Jamshoro, Hyderabad, I was convinced that the Sharif brothers were still “darlings” of the prevailing system in Pakistan, which would ultimately rescue them. Whereas my friends thought that they were now out-of-favour.

Months passed by and we, very recently, heard the news of Sharif being ill and in a critical condition that he is allowed to go abroad. This was necessitated by the fact that no facilities of treatment could be given to his multiple ailments and dropping platelets’ count. His critical condition demanded the patient be treated in ICU at a hospital, but Sharif preferred to remain at Jati Umra.

On the heels of the health issue of the ailing PML-N leader, which hit headlines in national newspapers and electronic media, a narrative on humanitarian grounds was built by the sitting civilian setup and the PML-N. This was subsequently and effectively fed to the population.

Thus, on a humanitarian ground, the bail was granted for eight weeks but could be extendable, ultimately allowing the ailing convicted prisoner to get treated abroad. It has to be noted that Sharif had earlier been granted bail on humanitarian grounds by the Supreme Court of Pakistan; setting aside his conviction for eight weeks for treatment within the country.

Shahbaz Sharif’s representative, Atta Tarar, was a part of official meetings of the cabinet subcommittees, chaired by the then Law Minister Farogh Naseem (Sharifuddin Peerzada of our times). Tarar kept going outside to give feedback, supposedly to Sharif.

The PTI government unquestionably needed the shoulder of the judiciary to pull the wool over the eyes of the public. In an apparent face-saving move and to escape the public opprobrium, the government put the condition of giving an indemnity bond of about Rs 7 billion.

Being a legal wizard, the law minister must have been convinced of what he conveyed to the quarters concerned: such a condition if forwarded by government, would be turned down if challenged in the court. It happened likewise.

Lahore High Court turned down the indemnity bond condition; allowing Sharif to go abroad for treatment while giving an affidavit–two pages draft–of returning to the country once he is treated, feels fully recovered and is healthy enough to travel.

The doctrine of “humanitarian grounds” has exposed the double standards and historical hypocrisy prevailing in the corridors of power; the one followed to favour the favourites and the other followed in the cases of ordinary as well as those fallen out of favour; languishing behind the bars.

Lahore High Court accepted an appeal; challenging the government decision on Friday. Its maintainability was decided on the same day. It was heard on the following day–a holiday–as far as court proceedings were concerned; giving an interim decision and removing the condition of the indemnity bond demanded by the government. Courts decide cases on merit. However, such quickness is expected to be done in cases filed by the ordinary.

Imagine the scale of rare reliefs given to Sharif brothers: presidential pardon,time-bar-acceptance of an appeal after their return from Saudi Arabia and this bail, hurriedly wrung from the system on humanitarian grounds etc.

“Attorney General Anwar Mansoor Khan has said that the former PM Nawaz Sharif and his family have been given ‘too much relief by the system’ even though ordinary people and those from the privileged classes should be treated equally.”

This is going to open up a can of worms for the system.

The doctrine of “humanitarian grounds” has exposed the double standards and historical hypocrisy prevailing in the corridors of power

How would other political prisoners and those accused in the NAB custody respond if some were approached for the same facilities of being treated at home by their doctors?

None other than Federal Railways Minister Sheikh Rasheed very recently said that the health condition of former president Asif Ali Zardari was more critical than that of Sharif. Despite this, the accountability court rejected Zardari’s prayer to be shifted to Karachi to be treated by his doctors. If the former president chooses to approach the “system” for the same relief granted to Sharif as he is also suffering from multiple ailments, on the humanitarian ground, Zardari’s medical case is stronger as he is still the accused, not the convicted. If Zardari, whose case was unjustifiably transferred to Rawalpindi, is denied the relief, the impression of step-motherly treatment to the politician belonging to a small province will deepen further.

Aitzaz Ahsan said that hearing Zardari’s case out of Sindh was discriminatory. Other accused and some political figures of the opposition parties, facing ailments in prisons/NAB custody, will surely opt for the relief based on humanitarian grounds. Besides, enlightened citizens have been watching these developments designed by the system. They have been asking as to what is in store for the ordinary prisoners thrown out in overcrowded lockups and totally deprived of facilities given to the powerful as well as the influential. Will all be facilitated like this is a big question being debated by the public!

Humanitarian consideration is the part and parcel of the politics and government elected by people. They cannot and should not be separated. Politics is delivering to the masses and ensuring the implementation of democratic ideals like equality, liberty and freedom in every context. Humanitarian consideration is the crux of the democratic-political framework.

Why do we need to come up with “humanitarian consideration” in the cases of the powerful when such consideration is the crux of the constitution to be availed by all and the sundry? The failure of the system, when it comes to accommodating the ordinary, is compelling the system to satisfy the citizens with such definitions. A humanitarian consideration is the privilege to be given to the privileged. The political market is strife with the political arrangement. PTI leader Himayoon Akhtar predicted a deal as early as in July; having said the plane would land to take Sharif.

The PTI government is creating doubts and sowing the seeds of suspicions. After the Lahore High court verdict, Special Assistant to the Prime Minister on Information Dr Firdous Ashiq Awan announced that after receiving the final verdict and reviewing the same, the government would decide about an appeal against the decision, whether or not to be filed.

At the very moment, the PTI leader–without any portfolio–Baber Awan, appeared on the TV screen; saying the government would not file the appeal being discussed.

The writer can be reached at nazeerarijo@gmail.com