IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
Civil Petition No.2129 of 2020 
(Against the order dated 02.06.2020 passed by the 
Islamabad 
High 
Court 
Islamabad 
in 
W.P. 
No.1052/2020) 
 
Khawaja Anwer Majid 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
National Accountability Bureau through Chairman NAB & 
another 
….Respondent(s) 
 
For the Petitioner(s): 
 
Mr. Muneer A. Malik, Sr.ASC 
 
 
 
 
 
Mr. M. Kassim Mirjat, AOR 
 
 
 
 
 
Mr. Salahuddin, ASC 
 
For the NAB: 
Mr. Hasan Akbar,  
 
Addl. Prosecutor General NAB 
 
Mr. Imran-ul-Haq,  
 
Deputy Prosecutor General NAB 
 
Mr. M. Qasim, Assistant Director, NAB 
 
Date of hearing: 
02.09.2020. 
 
 
 
 
ORDER 
 
  
Qazi Muhammad Amin Ahmed, J.- Khawaja Anver Majid, 
petitioner herein, a business tycoon, is prominent amongst the array of 
accused, hauled up by the National Accountability Bureau in a massive 
money laundering scam, executed through 29 fake accounts, detected vide 
a Suspicious Transaction Report, resulting into registration of a First 
Information Report with F.I.A. State Bank Circle Karachi on 6.7.2018. 
Given the magnitude of scam and colossal amounts siphoned off 
thereunder, this Court took cognizance thereof and directed a probe 
through a Joint Investigation Team, pursuant whereto, the heist was taken 
up by the NAB with a long list of accused that included a former President 
and his sister as well to face indictment before an Accountability Court at 
Islamabad.    
 2. 
 
The petitioner, a septuagenarian bracing the periphery from an 
hospital bed, sought bail primarily on the ground of his cardiac conditions 
that required replacement of aortic valve for which he was already admitted 
Civil Petition No.2129 of 2020 
 
 
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in the National Institute of Cardio Vascular Diseases at Karachi; he relied 
upon report dated 3.8.2019, relevant portion whereof is reproduced, here 
under: 
“….Mr. Anwar Majeed was admitted in NICVD on 10th October, 
2018 when he was brought in emergency by Jail Authorities with 
Chest Pain, episode of Giddiness and shortness of breath. 
 
He has underlying of Severe Aortic Valve Stenosis and 
Coronary Artery Diseases and was in unstable condition that 
needed stabilization. He was initially admitted in CCU for 
stabilization and further management. During his course of 
treatment, on 26th June 2019 at night he was taken away and his 
condition deteriorated, he was brought back in an hour to NICVD 
and kept in CCU (please find attached incident report). 
 
Presently Mr. Anwar Majeed is in private ward. He has 
been advised surgical Aortic Valve Replacement along with CABG 
by the treating Cardiologist and Cardiac Surgeon. He has shown 
us the medical advice of his UK based Cardiologist who suggested 
him the same procedure. This very high risk procedure can only be 
done at highly specialize centers such as NICVD or Aga Khan 
University Hospital at Karachi. This kind of facility is not available 
anywhere else in Pakistan. Given his age (77 years) and due to 
the high risk involved he can only undergo surgery once his health 
allows.” 
 
However, the request was declined by a learned Division Bench of 
Islamabad High Court vide order dated 10.10.2019, unsuccessfully assailed 
in this Court as his Civil Petition No.4425 of 2019 was dismissed as 
withdrawn on 11.3.2020 with the following order: 
 
“Learned counsel for the petitioner does not press this 
petition in order to move an application on any 
available 
fresh 
ground. 
Allowed. 
Dismissed 
as 
withdrawn.” 
 
Petitioner again approached the Islamabad High Court for his release on 
bail, once again declined on 20.5.2020 and in the above backdrop, the 
petitioner has again approached this Court for his release on bail with 
permission to go abroad to undertake cardiac surgery, as according to the 
learned counsel, not only his cardiac condition alarmingly deteriorated, 
domestically there was no adequate arrangement for the required surgical 
procedures without incurring substantial risk to patient’s life; this was 
argued as fresh ground in circumstances in support whereof reports dated 
14th July, 2020 and 25th July, 2020, of National Institute of Cardio 
Civil Petition No.2129 of 2020 
 
 
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Vascular Diseases have been placed before the Court. Learned counsel has 
emphatically stressed upon the following portions of the above reports: 
 
“…..Mr. Anwer Majid admitted since October 2018, his condition 
has progressively deteriorated during his hospital course 
nowadays. He frequently feels SOB and chest pain at rest and 
requires Oxygen support and shifting to Coronary Care Unit for 
stabilization. For his loss of appetite and nausea he also requires 
frequent IV nutritional supplementation. He has also developed 
diabetes and his renal functions are deteriorating. He was seen 
by Infectious Diseases specialist and found high risk for Covid-19 
infection. Gastroenterologist, nephrologists are on board for his 
medical problems, his diabetes to become aggressive and that 
alone is a high-risk factor in the TAVI procedure. It must be noted 
that his heath is deteriorating with age particularly in last few 
months and risk of anesthesia is increasing with every passing 
day. However, even to undergo TAVI, he should regain strength 
and get back in a stable medical condition in order to have fighting 
chance.  
 
Mr. Anwer Majid was further reviewed by Prof. Nadeem 
Hassan Rizvi, Professor of Interventional Cardiology and Proctor of 
TAVI at NICVD and was found prohibitive for TAVI procedure in 
Pakistan because of his multiple co-morbidities, risk of renal 
failure and low volume of procedures in all Pakistani Centre that 
are performing TAVI. He also recommend for procedure to be 
performed at high volume Tertiary Care Center with abundant 
experience in TAVI on patient of this age with all available tertiary 
care facilities in UK by patient’s primary physician. In order to 
undergo this procedure, he should regain strength and get back in 
stable medical condition in a conducive and stress free 
environment.  
 
Keeping all the above facts and factors in view and based 
purely on medical and ethical grounds we recommend that Mr. 
Anwer Majid is at prohibitive risk for TAVI procedure in Pakistan. 
It is preferable that this procedure should take place in advanced 
high volume center abroad with abundant experience in 
performing TAVI on the patient of his age, that would also allow 
simultaneous treatment of his multiple co-morbidities especially in 
case of complication during or post procedure.” 
 
3. 
 
It is submitted that given the complex chronic complications, 
diagnosed by experts of impeccable repute, prescribed surgery involving 
intricate cardiac procedures with high degree risk, it would be a most 
perilous option for the petitioner at the age of 78 to undertake the process 
in custody and as he is willing to furnish any security to the satisfaction of 
the Court, it would be expedient to allow him go abroad in order to save 
Civil Petition No.2129 of 2020 
 
 
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his life, a fundamental right of paramount importance, guaranteed under 
the Constitution. It is next argued that identically placed co-accused Asif 
Ali Zardari is already on bail for medical complications far less serious 
than those confronting the petitioner and as such he is additionally 
entitled for release on bail under the requirement of principle of 
consistency. Contrarily, Mr. Imran-ul-Haq, learned Deputy Prosecutor 
General NAB has faithfully contested the plea with vehemence; according 
to him, since the petitioner was denied bail by a learned Division Bench of 
Islamabad High Court, petition needs to be placed before a three members 
Bench. On merits, he argued that the petitioner being the principal 
accused has played an instrumental role in a massive financial scam of 
unprecedented scale, each limb whereof is established through irrefutable 
documentary evidence; he adds that after dismissal of his previous bail 
application vide order dated 11.3.2020, present application is not 
maintainable for want of a fresh ground, as according to him, the findings 
recorded by the doctors reflect almost the same condition previously noted 
by them, found insufficient by the Court for petitioner’s release on bail; he 
has complained that the petitioner is contumaciously obstructing the trial 
as well as investigative process as he effectively frustrated multiple 
attempts by the NAB officers who reached out him many a time in the 
hospital with a view to conclude the investigation. The learned Law Officer 
has pledged all possible cooperation and facilities to the petitioner to 
undertake surgery in the NICVD or any other facility of his choice in the 
country.  
4. 
 
Heard. Record perused. 
5. 
 
Objection by the learned Law Officer regarding the constitution 
of the Bench to hear the bail plea is beside the mark. No doubt, under 
Order XI of the Supreme Court Rules, 1980, every cause, appeal or matter 
shall be heard and disposed of by a Bench consisting of not less than three 
Judges…… and as the bail was declined by a learned Division Bench, the 
learned Law Officer consider it a matter to be dealt with a Bench 
comprising three Judges of this Court, however, he lost sight of proviso to 
the said Order that reads as under: 
 
“Appeals from judgments/orders of the Service Tribunals or 
Administrative 
Courts, 
and 
appeals 
involving 
grant 
of 
bail/cancellation of bail, may be heard and disposed of by a 
Civil Petition No.2129 of 2020 
 
 
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Bench of two Judges, but the Chief Justice may, in a fit case, refer 
any cause or appeal as aforesaid to a Larger Bench.” 
 
Therefore, petition being a bail matter, disposal whereof, is held by us as 
consistent with the Order ibid. 
 
Petitioner’s unenviable health conditions with a risk apparently 
looming large, given his advance age i.e. 78, notwithstanding, nonetheless, 
we do not consider it expedient to entertain his request to undertake 
journey abroad for medical purposes. He is facing indictment in a criminal 
case, prima facie, supported by evidence, collected by the investigating 
agency. Therefore, as an accused all that he can claim is “due process of 
law” through a fair trial so as to possibly vindicate his position; it is a right 
equally extendible to all the accused without distinction of stature, status 
or station. As a sick and infirm person, as he appears to be, the petitioner 
is entitled to the concessions that the law provides to all and sundry; these 
do not include offshore treatments. Equality before law and equal 
protection thereof are not one sided affairs; these equally empower the 
State through its prosecuting agencies to effectively prosecute the alleged 
offenders and for that physical custody/presence of an accused to bring 
the prosecution to its logical end is a sine qua non. On equiponderance 
stand the heavens and the earth, and no less importantly people’s faith in 
the administration of justice by the Courts. With scores of accused 
awaiting conclusions of their long drawn trials in over-crowded prisons, 
letting the few privileged to jump the queue in order to swap rigors of 
incarceration with comforts that few could afford would be a travesty. We 
would not approve out of turn fixation of cases with interregnums smaller 
than usual and on the week days barred to ordinary litigants and while 
upholding the equality we are guided by the Prophetic command “The 
Kazee must not smile in the face of one of the parties, because that will give 
him a confidence above the other; neither must he give too much 
encouragement to either, as he would thereby destroy the proper awe and 
respect due to his office” (The Hedaya, by Charles Hamilton, Page-338). 
Overseas journey is a wage much higher than a smile simpliciter. For the 
above reasons, petitioner’s request for treatment abroad is declined. 
However, we have noticed that ever since dismissal of petitioner’s previous 
bail application, his condition has alarmingly deteriorated and it is 
unanimously held by a good number of cardiac physicians of repute that 
Civil Petition No.2129 of 2020 
 
 
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he immediately requires surgery for aortic valve transplant, a hugely risk 
intensive procedure that needs to be undertaken under most conducive 
environment, therefore, it would be appropriate to permit petitioner to 
undertake the procedure free from custodial stresses; he has been behind 
the bars for a period by now exceeding two years; his continuous 
incarceration coupled with fragile health conditions and proposed surgery 
squarely makes his case one of hardship and on that ground alone we 
allow the request for his release on bail for the said purpose; he shall 
furnish a bank guarantee either personally or through a surety in the sum 
of Rs.100 million from a scheduled bank with the Registrar of this Court 
besides surrendering his travelling documents, unless already held by the 
authorities; his name shall be placed on Exit Control List and he shall not 
be allowed to depart from the jurisdiction of the Accountability Court. 
These are not the only conditions of his bail; he shall join investigation as 
and when required by the NAB and also ensure his representation before 
the Accountability Court, either personally or through video link, 
whichever is found convenient under the circumstances. In the event of 
physical incapacity, his request for dispensation and representation 
through a counsel shall be considered most thoughtfully. In the event of 
non-compliance with the directions issued by this Court, the NAB may 
approach this Court for the recall of concession. Petition is converted into 
appeal and allowed.  
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad, the 
2nd September, 2020 
Not approved for reporting 
Azmat/-