Federal govt can move to ban any party

ISLAMABAD: The federal government is armed with the sweeping authority to ban a political party for operating in a manner prejudicial to the sovereignty or integrity of Pakistan.

Article 17 of the Constitution that deals with this matter has been invoked very rarely in the history of Pakistan. Way back in seventies, the Zulfikar Ali Bhutto government had proscribed the then National Awami Party (NAP) of Khan Abdul Wali Khan and the Supreme Court had upheld its determination. However, it was later revived in another name, the Awami National Party (ANP), which exists since then.

Talk has started to outlaw the Muttahida Qaumi Movement (MQM) after its chief Altaf Hussain spoke against Pakistan while addressing the participants of his party’s hunger strike camp in Karachi on Monday.

Senior Pakistan People’s Party (PPP) leader and noted lawyer Aitzaz Ahsan has called for arraigning the MQM chief for treason for his outbursts against Pakistan. Under the Constitution, the federal government has the power to ban a political party and such a proclamation will be sent to the Supreme Court for adjudication. The judicial decision will be final.

Article 17 says 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. 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. Every political party shall account for the source of its funds in accordance with law.

Sections 15 and 16 of the relevant law, the Political Parties Order, provide for dissolution of political parties. They say where the federal government is satisfied that a political party is a foreign-aided party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the official Gazette. Within fifteen days of making a declaration, it shall refer the matter to the Supreme Court whose decision on such reference shall be final. Where the Supreme Court upholds the declaration made against a political party, such party shall stand dissolved forthwith.

Where a political party is thus dissolved, any of its member, if he is a member of the Parliament or a provincial assembly, shall be disqualified for his remaining term as legislator unless before the final decision of the apex court, he resigns from the membership of the party and publicly announces his disassociation with it. A person so disqualified shall not participate in election for any elective office or any legislative body till the expiry of four years from the date of ineligibility.