Karachi suo motu: SC leaves the door open to outlawing political parties

Legally the IG, ECP would give the federal government a reference that the SC would take up.

KARACHI: Although the Supreme Court did not recommend or suggest any direct action against the Muttahida Qaumi Movement (MQM) on Thursday, it did say that it would not allow any government to shirk its duty of acting against any political party involved in anti-state or subversive activities.

These remarks were part of the apex court’s 156-page judgment issued in the suo motu proceedings taken in the Karachi violence case.

Many political parties, who became intervenors during the proceedings, requested a ban on the MQM. But in the judgment, the SC said it felt this would not be within its domain at this stage in time.

The bench did say, however, that if any political party violates Article 17 (2) of the Constitution, it is the duty of the government to act under Article 17. The court would only review such an issue at any other appropriate stage if necessary to determine whether the action of any party is directly or indirectly prejudicial to the sovereignty or integrity of Pakistan within the meaning of the Article.

The court would remain, in appropriate proceedings, the ultimate arbiter of this question, but would not allow any government to avoid its duty under the law and Constitution, the judgment said, making it mandatory upon the federal government to make a reference. While commenting on this part of the judgment, Nehal Hashmi of the Pakistan Muslim League-Nawaz maintained that with these words the court had kept the door of action against the MQM open but had left it to the government to act.

He said that it was the duty of the inspector general of police and election commission to prepare a reference for the federal government against any political party violating the clause of the Constitution that the SC had referred to. The federal government would then technically send the reference to the Supreme Court for further action. “The court has shown a legal line of action and now it is for the federal government to act according to the requirement of the law,” remarked Syed Mehmood Alam Rizvi advocate.

Published in The Express Tribune, October 8^th, 2011.