PTI rivals say PDM govt could’ve taken action against party after ECP ruling

ISLAMABAD: PTI opponents say that there is a chance that the PTI could face a ban if PTI Chairman Imran Khan and other top party leaders of the PTI are sentenced in the under-trial cases regarding the May 9 terror acts, flouting the Secrets Act in the cipher case, and the foreign funding case.

An opportunity had arisen during the PDM government of Shehbaz Sharif in August 2023 when the Election Commission of Pakistan (ECP) declared in a unanimous verdict that Imran Khan’s PTI had received ‘prohibited funds’; this was the result of a years-long investigation into funding sources of the entity. Imran was also disqualified from parliament.

Highly placed sources that had been part of the previous Shehbaz Sharif government told The News here on Saturday that the ECP verdict had provided an occasion for the PDM government of the time to raise the question before the Supreme Court of Pakistan to declare the PTI a banned entity but the government opted to agitate the matter later at an appropriate time.

Senator Azam Nazir Tarrar, the law and justice minister of the previous government and leader of the house in the Senate, said the government was struggling to save the country from default and opted to delay the matter. In a brief chat with The News, he said the PTI had defied several laws under the Elections Act, 2017, and committed offences which, once the government decided to agitate regarding the PTI’s lawful existence, could be decided by the apex court conveniently.

Tarrar referred to Chapter XI of the Elections Act which includes Article 212: “Dissolution of a political party — (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; (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.”

To a query, Tarrar said the caretaker government could also knock on the doors of the highest court for the purpose but the next government would have to consider it with seriousness.

To another question on the effects of the dissolution of the party, Tarrar referred to Article 213 of the Elections Act, 2017 that states: “(1) Where a political party is dissolved under Section 212, any member of such political party, if he is a member of the Majlis-e-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. (2) The Commission shall, by notification in the official Gazette, publish the names of the members of a political party becoming disqualified from being members of Majlis-e-Shoora (Parliament), Provincial Assembly or local government on the dissolution of the political party under Section 212.”

Sources also say that Article 200 of the Act that deals with formation of political parties maintains that “a political party shall not — (a) propagate any opinion, or act in a manner prejudicial to the fundamental principles enshrined in the Constitution; 106 (b) undermine the sovereignty or integrity of Pakistan, public order or public morality or indulge in terrorism; (c) promote sectarian, regional or provincial hatred or, animosity; (d) bear a name as a militant group or section or assign appointment titles to its leaders or office-bearers which connote leadership of armed groups; (e) impart any military or paramilitary training to its members or other persons; or (f) be formed, organized, set-up or convened as a foreign-aided political party.”

Sources also told The News that disbanding of the PTI would become probable after a verdict is handed to the PTI chairman and other leadership currently involved in under-trial cases.

None of the PTI leaders including leader of the oppsition in Senate Dr Shahzad Waseem was available for comments, despite repeated efforts to reach them.