ISLAMABAD: Despite its proscription by the federal government three months ago, the Tehreek-e-Labbaik Pakistan (TLP) continues to function freely as it enjoys the status of a normal legal political party given it is registered with the Election Commission of Pakistan (ECP).
The name of the TLP figures on entry number 121 of the ECP’s list of registered political parties. Unless it is de-registered by the ECP after holding hearings on an official notification or request from the prescribing authority – the federal government in this case – the ECP will not strike off the TLP as a registered political party.
The upshot of the TLP’s continued registration with the ECP is that it can’t be prohibited from contesting any elections. The TLP has sponsored a large number of candidates in the upcoming elections for the cantonment boards on September 12 as it had done in the previous by-polls for the national and provincial assemblies.
Three months after its proscription order, the federal government has now announced that the law ministry and the attorney general of Pakistan will approach the ECP for the cancellation of the TLP’s election symbol as per the ATA. No timeframe has been specified to take this step. In the ECP record, the TLP has the crane as its election symbol.
The federal cabinet has also decided that the TLP would not be allowed to resume political activities even after changing its name.
Once again, the federal government has avoided the constitutional option to outlaw the TLP and has preferred to continue its proscription imposed on it under the Anti-Terrorism Act (ATA). After the rejection of the TLP’s review plea against its outlawing by a bureaucratic committee which has been approved by the federal cabinet, the proscribed outfit has the right to challenge this decision in the high court.
Section 11C of the ATA says an organization whose review application has been refused may file an appeal to the high court within 30 days of such a refusal.
When the TLP had been proscribed under the ATA in mid-April due to its bloody protests demanding the expulsion of the French ambassador, Interior Minister Sheikh Rashid had announced that the federal government would invoke the constitutional provision to ban it.
Later, the government had second thoughts about this idea and did not invoke the Constitution.
Article 17 of the Constitution dealing with “freedom of speech” says “every citizen, not being in the service of Pakistan, will 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 will 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, it will, within 15 days of such declaration, refer the matter to the Supreme Court whose decision on such reference will be final. Every political party will account for the source of its funds in accordance with law. Every citizen will 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.”
After its proscription, the TLP had the option of approaching the review committee to reconsider the decision.
However, the proscription review committee, comprising three government officers including a representative of the ministry of law and justice with its chairman being a person not below the rank of a joint secretary, was unimpressed with the arguments of the TLP to do away with the ban, and concluded that the proscription decision was taken on merit and facts.
Section 11B of the ATA has been applied to outlaw the TLP. It says the federal government may list an organization as proscribed on an ex-parte basis, if there are reasonable grounds to believe that it is involved in terrorism; or owned or controlled, directly or indirectly, by any individual or organization proscribed under the ATA; and acting on behalf of, or at the direction of, any individual or organization proscribed under it.
The provision explained that the opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic or foreign, including governmental and regulatory authorities, law enforcement agencies, financial intelligence units, banks and non-banking companies and international institutions. The grounds will be communicated to the proscribed organization within three days of the passing of the order of proscription.
Already, a few days ago, the Lahore High Court (LHC) review board turned down the Punjab home department's request to extend the detention of TLP chief Saad Hussain Rizvi. He was arrested on April 12 for allegedly inciting his followers to take the law into their own hands as, according to him, the government had gone back on its promise to expel the French ambassador.
