Ban on PTI: Understanding the Process and Legal Framework:
The Process of Dissolution
The dissolution of a political party in Pakistan, including the Pakistan Tehreek-e-Insaf (PTI), involves a three-step process under the laws and constitution of the country. To put ban on PTI the following steps have to be followed:
The Declaration from the Government:
Sending Reference to the Supreme Court:
Following the government’s declaration, a reference is sent to the Supreme Court of Pakistan within 15 days of such declaration. This step ensures judicial oversight and adherence to constitutional and legal principles.
The Decision of the Supreme Court:
The final step rests with the Supreme Court, which reviews the reference and makes a decision based on the evidence and legal arguments presented. The court’s verdict determines whether the dissolution proceeds.
Relevant Laws
To understand the position of law on putting ban on PTI, it is very important to be aware of the legal provisions governing the banning or dissolution of political parties in Pakistan, which are the following:
1. Article 17 of the Constitution of Pakistan:
(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.
(2) 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.
(3) Every political party shall account for the source of its funds in accordance with law.
2. Section 212 of the Election Act 2017:
Section 212 of the Election Act states:
(1) 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.
(2) Within fifteen days of making a declaration under sub-section (1), the Government shall refer the matter to the Supreme Court.
(3) Where the Supreme Court upholds the declaration made against the political party under sub-section (1), such political party shall stand dissolved forthwith.
Explanation.—In this section, ‘foreign-aided political party’ means a political party which—
(a) has been formed or organized at the instance of any foreign government or political party of a foreign country; or
(b) is affiliated to or associated with any foreign government or political party of a foreign country; or
(c) receives any aid, financial or otherwise, from any foreign government or political party of a foreign country, or any portion of its funds from foreign nationals.
Grounds for Dissolution
The grounds for dissolving a political party are clearly outlined in both the Constitution and the Election Act. To put ban on PTI, government has to prove any of these grounds mentioned therein:
Constitution of Pakistan:
According to the Constitution, a political party can be dissolved if it has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan.
Election Act 2017:
The act specifies three grounds for dissolution of a political party in Pakistan:
1. Foreign-aided Political Party: A political party that is formed or organized at the behest of a foreign government or political party, is affiliated with or associated with a foreign government or political party, or receives any form of aid, financial or otherwise, from a foreign government or political party, or any portion of its funds from foreign national can be dissolved under section 212 of the Election Act.
2. Prejudicial to Sovereignty or Integrity: Consistent with the Constitution, parties operating against the sovereignty or integrity of the country can be dissolved.
3. Indulging in Terrorism: Parties involved in terrorist activities are also subject to dissolution under the Election Act.
Points to be Considered by the Supreme Court:
If the federal government after declaration sends the reference to the Supreme Court for putting ban on PTI, the Supreme Court of Pakistan would consider the following points while deciding the matter:
1. Veracity of the Accusations:
The first thing that the Supreme Court would decide is the truthfulness of the allegations put by the government on Pakistan Tehreek-e-Insaf on the basis of which it decided to put ban on PTI.
2. Are these Accusations Valid Ground for Dissolution:
The second point that the Supreme Court would decide on is that, if the allegations are proved would these acts form a valid ground under the law and constitution of Pakistan to dissolve a political party.
3. Check the Vires of the Section 212 of the Election Act:
The third matter that the Supreme Court may consider while deciding on the expected reference by the federal government to put ban on PTI is to check vires of the Section 212 of the Election Act. As stated above, the ground mentioned in the constitution for the dissolution of a political party is that the party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, but the Election Act states two more grounds which are not mentioned in the constitution. The Supreme Court may decide on whether these two grounds are consistent with the constitution or not.
Conclusion
The Constitution of Pakistan guarantees the right to association, but this right is not absolute; it is subject to the sovereignty and integrity of the country. Using this exception, the federal government has indicated its intention to ban PTI, one of Pakistan’s most popular political parties, citing issues such as foreign funding, the May 9 riots, the cypher case, and a U.S. resolution. To implement this ban, the legal procedure for dissolving a political party must be followed, which involves a formal declaration by the government, sending a reference to the Supreme Court, and the final decision by the Supreme Court. The Supreme Court’s verdict, after considering all relevant facts and legal points, will determine the fate of PTI.