ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) may lose all its members if the federal government goes ahead with the decision to ban the party in the coming days, top legal experts have suggested. The tumultuous history of political parties and groups in Pakistan shows that the state hadpreviously imposed bans for various reasons, including for their alleged involvement in anti-state activities, receiving “foreign support to incite unrest”, challenging existing governments, and violating electoral regulations.

As per the details, political parties were often banned by judiciary, military rulers or by their opponents for reasons ranging from their alleged involvement in terrorism-related activities, or mere political activities.

Top legal minds say the process of dissolving a political party is considered a “remedy of the last resort,” which is why it has been made particularly cumbersome.

Article 17(2) of the Constitution grants the federal government the power to place bans on political parties by involving the Supreme Court (SC) in the process.

A senior lawyer explained, “In terms of Section 212 of the Election Act, 2017, read with Article 17(2) of the Constitution, the federal government, if satisfied that a political party is foreign-aided or involved in acts prejudicial to the sovereignty and integrity of the state, or terrorism, may declare the same via a notification in the official gazette.”

Upon doing so, and within 15 days of such declaration, the government must refer the matter to the SC. If the SC upholds the declaration, the party will be dissolved forthwith. The government must refer the case to the SC within 15 days of the declaration.

“While Section 213 of the Elections Act provides that the parliamentarians of a banned political party shall be disqualified for the remaining term of the assembly, Section 213 would only trigger after the SC upholds the government’s declaration,” a legal expert noted.

The federal government’s declarations sent to the SC must explain how the particular party is operating in a manner prejudicial to the sovereignty or integrity of Pakistan. This must be done within 15 days, after which the SC will decide the matter.

“If the party is banned, anyone appearing on its ticket would lose the right to represent members in Parliament and be disqualified under Section 213 of the Election Act 2017,” a senior lawyer said.

History of Ban on Political Parties

Communist Party of Pakistan (1954)

In July 1954, the Communist Party of Pakistan was banned, after it was accused of attempting to overthrow the government of then-Prime Minister Liaquat Ali Khan in 1951. This alleged failed coup, allegedly backed by the former Soviet Union, was led by Major General Akbar Khan and became known as the Rawalpindi conspiracy case. General Akbar, his wife, poet Faiz Ahmed Faiz, dozens of military officers, and the Communist Party’s General Secretary Syed Sajjad Zaheer were arrested, tried, and imprisoned. Sajjad Zaheer, a Marxist revolutionary, had founded the Communist Party in Calcutta in March 1948. Immediately after the ban, a crackdown began against the party’s leadership, workers, and sympathisers.

Jamaat-e-Islami (1958)

During former army ruler General Ayub’s era, the Jamaat-e-Islami was banned in 1958. However, in 1962, a court in East Pakistan lifted the ban on the party.

Awami League (1971)

On March 26, 1971, then-President General Yahya Khan banned Sheikh Mujibur Rahman’s Awami League. In his announcement, he stated, “Sheikh Mujibur Rahman’s non-cooperation movement is an act of treason. He and his party have defied legal authority for over three weeks. They have disrespected Pakistan’s flag and defamed the picture of the Father of the Nation. They have attempted to run a parallel government. They have created chaos, terror, and insecurity. Several murders have been committed in the name of the movement. The armed forces in East Pakistan have been subjected to every kind of insult and humiliation.”

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National Awami Party (NAP)

The formation of Abdul Wali Khan’s faction of the National Awami Party (NAP) in 1967 occurred after the original NAP split between Maulana Bhashani and Abdul Wali Khan. The Wali Khan faction was named the National Awami Party after the independence of Bangladesh. NAP was banned twice during its eight-year existence: first under Yahya Khan’s government in 1971 and later in 1975 under Zulfiqar Ali Bhutto’s government. It was later revived as the National Democratic Party, which eventually became the Awami National Party.

Jeay Sindh Qaumi Mahaz-Arisar (2020)

In May 2020, the Ministry of Interior banned Jeay Sindh Qaumi Mahaz-Arisar (JSQM-A), a party based in Sindh, and two alleged militant groups—the Sindhudesh Liberation Army and the Sindhudesh Revolutionary Army—citing “reasonable grounds” that these organizations were involved in terrorism. JSQM-A was known for its criticism of China’s Belt and Road Initiative.

Tehreek-e-Labbaik Pakistan (2021)

On April 15, 2021, the Punjab government banned Tehreek-e-Labbaik Pakistan (TLP) after violent protests erupted in which some police officers were killed. The provincial government had requested the ban, and after the summary’s approval, the federal cabinet imposed the ban under the Anti-Terrorism Act 1997.

The TLP filed a review petition to lift the ban on April 29, 2021. However, despite the ban, the party was allowed to participate in elections as it was not delisted by the Election Commission. Despite the ban, the proscribed organization protested again in October 2021, after which the government agreed to lift the ban on November 7 and released its detained leader Saad Rizvi on November 18.