Premature action: Move to dissolve PTI an ‘uphill task’

ISLAMABAD:

Though the federal government is all set to declare the PTI as a “foreign-aided” party, senior lawyers say that the dissolution of a political entity has always been a daunting task, which will never bode well for democracy in the country.

It has been learnt that Law Minister Azam Nazeer Tarar shared a copy of the Election Commission of Pakistan’s (ECP) decision with cabinet members about the receiving of funds by the PTI from foreign nationals. The law minister also placed additional material to establish that PTI was a “foreign-aided” party.

He also briefed about the ECP’s decision and its consequences.

The law minister believes that it is not a case wherein the PTI could get a clean chit, a senior ministry official told The Express Tribune.

He added that the cabinet members asked the law minister to undergo the process of “opinion-making” and the final decision on the matter would be taken at the next meeting.

Article 17 (2) of the Constitution reads: “Every citizen, not being involved 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”

On the government’s decision to file a declaration against the PTI, renowned lawyer Faisal Siddiqi said it was constitutionally a joke but a politically  shrewd move.

“It is a strategy to control the PTI politically by opening multiple legal fronts,” he added.

Advocate Salman Akram Raja said the dissolution of a political party with roots in the people was always a national setback.

“The nation suffered when NAP [National Awami Party] was dissolved in 1975. The space was filled with religio-fanstacism. The Constitution allows dissolution only when a party is against the sovereignty or integrity of the country,” he added.

Raja elaborated that Section 6(3) of the Political Parties Order (PPO)2002 did not prohibit taking of funds from foreign nationals.

However, reading Sections 2(c)iii, 15 with Article 17(2) of the Constitution means that if funds from foreign nationals make a party work against the sovereignty and integrity of Pakistan, it may be dissolved.

Read Sword of Damocles falls on Imran's PTI

Former additional attorney general Waqar Rana termed the government’s decision as “premature and ill-adviced”. He wondered as why the government had moved in haste, when the PTI still had to file a reply to the show-cause notice issued to it by the ECP on charges of receiving funds from foreign nationals that were not disclosed to the commission.

Another lawyer said that the Constitution would prevail on the PPO 200, wherein the government had to establish that the PTI was operating against sovereignty or integrity of Pakistan.

He added that it was a complete trial wherein the government had to provide evidence to establish its claim.

The lawyer further said the SC in its judgments had recognised the fundamental rights of a political party.  The court also held that political parties were one of the components of the parliamentary system – a salient feature of the Constitution.

It has been learnt that the government contacted one senior lawyer to plead its case for the dissolution of the PTI, but he refused to do so.

A senior PML-N lawyer admitted that party supremo and former premier Nawaz Sharif was more interested in filing the reference against the PTI in the SC.

Another lawyer has urged the government to focus more on the disqualification of Imran Khan on account of submitting false certificates before the ECP.

He added that when the PML-N would forcefully raise the false certificates issue, then the court might be compelled to review its judgment on the lifetime disqualification of Nawaz on a ”flimsy” ground.

A PML-N lawyer said his party knew that the SC would never dissolve the PTI.

“But it will not be easy to give ruling in its favour. So the matter will remain pending in court and we will build our political narrative,” he added.

Senior lawyers believe that the government’s move to dissolve the PTI will further weaken democracy in the country and strengthen the security establishment.

They say that the SC may unanimously reject the government’s contentions. They further say that West Pakistan was disintegrated after the Agartala Conspiracy Case judgment --  a sedition case during the rule of Ayub Khan against Awami League, brought by the Pakistan government in 1968 against Sheikh Mujibur Rahman, the then leader of the Awami League and East Pakistan, and 34 other people.

The lawyers say that though the PTI had technically knocked out the PML-N leadership in the Panamagate case, but the latter should show maturity and confront the former in the political field.