A high court bench comprising Justice Amir Farooq and Justice Mohsin Akhtar Kiyani ruled that the former prime minister will have to serve the sentence in prison.
The former premier is currently undergoing treatment at the Jinnah Hospital in Lahore, where his room has been declared a sub-jail by the Punjab Home Department.
After an accountability court convicted him in the Al-Azizia corruption reference in December last year, Nawaz was moved to Adiala Jail. Upon request, he was shifted to Kot Lakhpat jail in Punjab’s capital to serve out the seven-year imprisonment sentence.
Days after the conviction, Nawaz’s legal team filed a general writ petition for suspension of the sentence. This was followed by an appeal challenging the verdict and another seeking suspension of the sentence on medical grounds. The bench had reserved the verdict on February 20.
The judgment observed, “that previously, a petition under Article 199 of the Constitution (W.P. No.32-2019) was filed by the petitioner, seeking suspension of sentence and release on bail on merits of the case, however at his request the referred petition was dismissed as withdrawn.”
“We find that objection taken by learned counsel for the respondents regarding maintainability of the instant petition is of no substance. The medical condition of the petitioner deteriorated on or about January 15, 2019 and it is only there-after that instant writ petition was filed.”
“The case law cited by learned counsel for National Accountability Bureau is not attracted in the facts and circumstances of the instant case,” it added.
The verdict was announced on Monday to a courtroom packed with Pakistan Muslim League-Nawaz leaders and workers. Speaking to the media after the decision, Shahid Khaqan Abbasi lamented the decision. “We expected the IHC to grant bail. We have always accepted judiciary’s decisions and will take necessary legal steps.”
The deposed prime minister’s counsel, Khawaja Haris, had sought to withdraw the writ petition and pursue the plea seeking suspension of the sentence on medical grounds.
In an earlier hearing, the bench noted that Nawaz’s medical reports contradicted each other. “Different terminologies created a different perception.” The defence team argued that the atmosphere in the sub-jail caused ‘anxiety’ and appealed that Nawaz should be released from the ‘burden’.
NAB prosecutor Jahanzeb Bharwana maintained that the medical board formed to monitor Nawaz’s health had confirmed that all required medical facilities were available at Jinnah Hospital and Services Hospital.
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