EVEN though the idea of banning a major political party is not novel for Pakistani politics, the government has limited powers to seal the fate of its political rivals.

The final decision to knock out a political force rests with the Supreme Court, which is the sole arbitrator under Article 17(2) of the Constitution.

After having remained on the receiving end of the all-powerful state for the past year, the PTI — about to become the largest party in the National Assembly — faces a ban owing to its activities which are purportedly prejudicial to the national interests, with the government led by the PML-N also planning to try its leadership for high treason.

But this will not be the first time a popular political party is facing a ban. Before the PTI, it was the Awami League of Sheikh Mujibur Rahman, who became the first prime minister of Bangladesh following the ‘Fall of Dhaka’ in 1971. However, most attempts to ban a political party have fallen flat.

Dawn analysed relevant constitutional and legal provisions, which showed that the government had limited options to deal with a political threat through legal means. It can either invoke Article 17 (2) of the Constitution to ban a political party or Section 212 of the Elections Act 2017 to seek dissolution of a political party.

“Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the federal government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the federal government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final,” Article 17 (2) of the Constitution reads.

Similarly, Section 212(1) of the Elections Act states the government can make a declaration in this regard but the matter will be referred to the Supreme Court for adjudication.

“Where the federal government is satisfied on the basis of a reference from the commission or information received from any other source that a political party is a foreign-aided political party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, the government shall, by a notification in the official gazette, make such declaration,” the section reads.

Within 15 days of making a declaration, the government needs to refer the matter to the Supreme Court, according to the Elections Act.

If the declaration is upheld, then the political party will stand dissolved. Section 213 (1) explains the effects of the dissolution of a political party.

“[If] a political party is dissolved under Section 212, any member of such political party, if he is a member of the Majlis-i-Shoora (parliament), a provincial assembly or a local government, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (parliament), provincial assembly or local government.” The role of the Election Commission of Pakistan is, however, restricted to publishing the notification in the official gazette, and the names of the disqualified lawmakers.

Past bans

In July 1954, the Communist Party of Pakistan was banned on the charges of attempting to overthrow the government of then-prime minister Liaquat Ali Khan in 1951. The coup was said to have been planned by military general Akbar Khan, poet Faiz Ahmad Faiz, and author Sajjad Zaheer along with 12 others.

General Akbar, his wife, poet Faiz Ahmed Faiz, dozens of military officers and the Communist Party’s general secretary Syed Sajjad Zaheer were sent to jail.

Zaheer, a Marxist revolutionary, founded the Communist Party in Calcutta in March 1948. Soon after the ban was imposed, a crackdown was also launched on the CPP.

AWAMI LEAGUE: On March 26, 1971, then-dictator General Yahya Khan banned Sheikh Mujeebur Rahman’s Awami League. The president, announcing the development, had stated: “Sheikh Mujibur Rahman’s action of non-cooperation movement is an act of treason. He and his party have defied the lawful authority for over three weeks. They have insulted Pakistan’s flag and defiled the photograph of the Father of the Nation.”

“They have tried to run a parallel government. They have created turmoil, terror and insecurity. A number of murders had been committed in the name of the movement. The armed forces, located in East Pakistan, have been subjected to taunts and insults of all kinds.”

NATIONAL AWAMI PARTY: The National Awami Party (NAP) was banned twice — once by Gen Yahya in 1971 and then by Zulfikar Ali Bhutto in 1975 — during its eight-year-long existence. The Wali Khan faction of the NAP was formed after the 1967 split between Maulana Bhashani and Abdul Wali Khan and later named as the National Awami Party after the independence of Bangladesh. In a bid to circumvent the ban, it was resurrected under the name the National Democratic Party and later renamed as the Awami National Party.

PPP AND JSQM: In 2002, the then military ruler General Pervez Musharraf enacted a law to bar slain premier Benazir Bhutto from contesting elections. Amid fears that the PPP may face problems, the PPP-Parliamentarians headed by Makhdoom Amin Fahim was formed, which continues as the electoral extension of the PPP.

In May 2020, the Ministry of Interior outlawed the Jeay Sindh Qaumi Mahaz-Arisar (JSQM-A), a party based in Sindh, along with two allegedly militant groups — the Sindhudesh Liberation Army and the Sindhudesh Revolutionary Army — citing “reasonable grounds” that the organisations were involved in terrorism. The JSQM-A was well-known for criticising China’s Belt and Road Initiative.

TLP: The Punjab government, on April 15, 2021, banned the Tehreek-i-Labbaik Pakistan (TLP) after violent protests erupted that claimed the lives of a few policemen. The provincial government had requested the ban and the summary, after being approved by the federal cabinet, had resulted in the prohibition under the Anti-Terrorism Act 1997.

The TLP filed a review petition on April 29, 2021, for the removal of the ban. Despite the ban, the party was allowed to continue to take part in elections, as it was not delisted by the ECP.

The outfit again held its protests in October 2021, following which the government agreed to lift the ban on November 7 of the same year and released its detained chief Saad Rizvi over a week late.

Published in Dawn, July 16th, 2024