By Wajih Ahmad Sheikh in Dawn, October 26th, 2023
LAHORE: The Punjab caretaker government is likely to constitute a special medical board in case medical reports submitted to the Lahore High Court by PML-N supreme leader Nawaz Sharif are contested, according to a committee that recommended the suspension of the PML-N leader’s sentence in the Al-Azizia case.
The five-member body was formed by caretaker Chief Minister Mohsin Naqvi to deliberate upon an application filed by the elder Sharif on Oct 21, under Section 401 of the Code of Criminal Procedure (CrPC).
The caretaker cabinet, on the recommendation of the committee, suspended the sentence of Nawaz Sharif on Tuesday. The committee comprised Specialised Healthcare & Medical Education Minister Dr Javed Akram, Primary and Secondary Healthcare Minister Dr Jamal Nasir, Additional Chief Secretary (Home) Shakeel Ahmad, Law and Parliamentary Affairs Secretary Ahmad Ali Kamboh, and Advocate General of Punjab Khalid Ishaq.
The minutes of the committee’s meeting available with Dawn said that the provincial government led by former chief minister Usman Buzdar failed to exercise its authority in accordance with the law and was swayed away by political differences to dismiss a similar application moved by the elder Sharif in 2020.
The committee noted that the record showed that the earlier decision of the then cabinet was not well founded as submissions made were neither considered nor evaluated.
“The submission of the counsel for the applicant has substance that without challenging the medical reports submitted before the Lahore High Court and without dilating upon the facts and circumstances of the case, the earlier application was rejected,” it said.
The committee unanimously resolved that since the question of the fundamental rights of the applicant was involved, therefore, the merits of the application be considered without being influenced by the decision of the earlier application.
It also examined the 2020 judgement of the Islamabad High Court (IHC) wherein the sentence of Nawaz Sharif had been suspended for eight weeks and he had been asked to approach the provincial government for further relief.
The committee had recommended the caretaker cabinet to suspend the sentence of the elder Sharif enabling him to lawfully pursue his right to appeal before the IHC considering his age, health, and bona fide conduct. The cabinet’s decision said the IHC being an appellate court may pass appropriate orders in due course, if deemed necessary.
The decision to suspend the sentence had received flak from the PPP and the PTI which had termed it a favourable treatment to the PML-N leader.
https://www.dawn.com/news/1783795/special-board-likely-to-examine-nawazs-medical-reports-if-contested
