According to a 9-page order, the petitioner (Sharif) seeks his release on bail solely on medical grounds. It says that under Article 199 of the Constitution, this court has the jurisdiction to suspend a sentence or to release a prisoner on bail (whether under-trial or convicted); however such jurisdiction is to be exercised sparingly in extraordinary circumstances and in cases of extreme hardship. It was observed that exceptional jurisdiction of a high court is only to be exercised in extraordinary circumstances and in cases of extreme hardship.
The order says that the reports of a board of doctors are indicative of the fact that the petitioner is receiving best possible medical treatment available to any individual in Pakistan. The referred fact cannot be regarded as an 'extraordinary situation' and/or case of 'extreme hardship'.
Almost every ailment has potential of being detrimental to one's life but not if the same is properly treated and taken care of, therefore, being indisposed per se cannot form the basis to be released on bail, it says.
That whether Sharif's condition could be termed as an "extraordinary situation and one of extreme hardships on the basis he could be released," the bench referred to a number of cases, including that of Pakistan People Party (PPP) leader Sharjeel Inam Memon Vs National Accountability Bureau (NAB), whose bail plea on medical grounds was refused.
"In the State Vs Haji Kabeer Khan case, the Supreme Court observed that [the] accused would not be entitled to the grant of bail, if he is getting proper treatment either in hospital or jail," the order noted.
"None of the reports [about Sharif's condition] suggests that continued incarceration of the petitioner, in any way, would be detrimental to his life," it added.
The judgement says that the petitioner has a history of various cardiac complications and is a chronic kidney patient and has high blood pressure and diabetes. All the medical reports of the petitioner confirm that he is also recommended for medical treatment. In such cases, medical reports and opinion of doctors are of utmost importance and none of the reports suggests that continued incarceration of the petitioner, in any way, would be detrimental to his life.
The detailed order also says that as per Supreme Court judgement, when a prisoner is receiving medical treatment in hospital or in jail, he would not be entitled to the concession of bail. It says that Sharif has been hospitalised time and again since January 2019, whenever he made complaints about his indisposition.
It says that a superintendent jail has the authority to release a prisoner suffering from serious illness. "Finally, we find that objection taken by the counsel for the respondents regarding maintainability of instant petition is of no substance," it says.
"For the above reasons, we find the instant petition to be without merit and the same is accordingly dismissed," said the order.
Senior leadership of Pakistan Muslim League-Nawaz (PML-N) was present in the courtroom to hear the verdict, while some supporters of the party chanted slogans in favour of Sharif. The city police had made extraordinary security arrangements in and outside of the court in order to avert any toward incident.