The looming ban

PTI being accused of violating Article 17 is nothing new in Pakistan’s political culture


Mohsin Saleem Ullah August 13, 2022
The writer holds an LLM from UC Berkeley and is a practising lawyer and columnist. He can be reached at mohsin.saleemullah@berkeley.edu or Twitter: @MohsinSaleemu

The world has witnessed the rise and ultimate fall of many political leaders, regimes and parties; and several formidable political parties in Pakistan and even in settled global democracies like India, the US and the UK have experienced interdiction on valid and invalid grounds. However, Pakistan is now experiencing growth in a toxic political culture which is growing leaps and bounds. A dangerous precedent has already been set with the disqualification of former PM Nawaz Sharif, and now it seems the same sword hangs over the head of another former PM, Imran Khan.

The Election Commission of Pakistan (ECP), in a unanimous verdict, ruled that PTI received funds from “prohibited” sources, and has sufficient evidence to declare that the political party has “knowingly & willfully” received such funds in violation of Article 6(3) of the PPO 2002. Moreover, it was held that the non-disclosure and concealment of 16 bank accounts by PTI is a “serious lapse” on the part of the party’s leadership and in violation of Article 17(3) of the Constitution, which reads that “Every political party shall account for the source of its funds in accordance with the law.” Based on this 8-year-old foreign funding case against PTI, pending since Nov 14, 2014, the opposition, which in this case is the current ruling party is now calling for the PTI leader, as well as the party itself, to be banned and all their bank accounts and assets to be frozen.

PTI being accused of violating Article 17 is nothing new in Pakistan’s political culture. The Article prohibits political parties and their members from operating “in a manner prejudicial to the sovereignty or integrity of Pakistan” and the country’s history is crammed with similar allegations of parties having operated otherwise. Though there is no questioning the validity of such a law, or the need for the nation’s interests to be at the heart of each political enterprise, earlier precedents of disqualification of leaders and bans placed on parties still leave many questions unanswered and the purpose of such laws defeated. Parties banned from one name have been seen to rise again with a different name, and leaders disqualified are seen leading their lives in luxury and comfort far away from the nation they have looted. To what end was Nawaz Sharif disqualified by a five-judge SC bench on July 28, 2017, in the Panama Papers case, when he and his kin still rule the nation? The same family sits in power today, and their ideology and practices remain employed, while the head of the family proven by the highest court of law to neither be “Sadiq” nor “Ameen” still calls all shots as the head of a family.

It seems that the ousting of leaders and banning of parties has little positive impact on the nation itself, but only provides a base for abuse of law to the party in power in prohibiting an opposing party from enjoying its constitutionally guaranteed rights, such as the government’s ban on the ousted PM Imran Khan’s party from holding a massive rally on May 25 to prevent them from “propagating their misleading agenda”, after more than 100 supporters were arrested in overnight raids across the country.

The argument about opposing the banning of political parties does not come in defence of a particular party or a particular leader, but to upfront the real issue so as to make Pakistan progressive and democratic, and to only ban what goes against the productivity of the country. Bans and disqualifications should have constructive impacts on the country, and should not be used as weapons of personal grudges. Besides, violence should be avoided and prohibited at any cost. The media also needs to play a responsible role in this regard. Throughout the political history of Pakistan, the personal vendettas among the political leaders and their incapability to resolve the political differences through table talks have endorsed the undemocratic segments to revive their strengths. However, it is time for political leadership to comprehend their loopholes about their incapacity to strengthen their roots among the public and their inability to resolve political issues over the negotiating table.

Published in The Express Tribune, August 13th, 2022.

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