Pakistani government faces widespread criticism for attempt to ban Imran Khan’s PTI

The government also proposed charging former PM Imran Khan, who is still in jail despite getting relief in most of the major cases from courts, for high treason

July 17, 2024 by Peoples Dispatch
PTI Rally. Photo: Wikimedia Commons

Political parties and civil society groups in Pakistan have opposed the government’s intention to impose a ban on the country’s main opposition party Pakistan Tehreek-e-Insaf (PTI) calling it a “desperate” move dangerous to the country’s democracy and its stability.

Apart from opposition parties, the move was also opposed by the Pakistan Peoples Party (PPP) which provides external support to the government run by prime minister Shehbaz Sharif of Pakistan Muslim League (Nawaz).

On Monday, July 15 Pakistan’s information minister Attaullah Tarar announced that the government was planning to ban PTI under article 17 of the constitution for working against the sovereignty and integrity of the country.

Article 17 of the constitution talks about citizens’ right to form parties and associations with reasonable restrictions and the federal government’s right to ban a group if it works against the “sovereignty and integrity” of the country. However, the article also makes it mandatory that within 15 days the government refers the decision to ban a party to the country’s Supreme Court for a review.

“In the view of foreign funding case, May 9 riots, and the cipher episode as well as the resolution passed in the US, we believe that there is very credible evidence present to have PTI banned,” Tarar claimed in the press conference. He claimed that it is impossible for the government and other political forces in the country to work with PTI.

On June 25, US Congress adopted a resolution on Pakistan noting alleged discrepancies in the general elections in February and condemning its alleged suppression of political participation and persecution and harassment of the opposition. The Pakistan government claims the resolution in the US congress was based on the repeated claims made by the PTI leadership.

Tarar also claimed the government would seek proceedings against former prime minister and top PTI leader Imran Khan, former president and PTI leader Arfi Alvi, and former deputy speaker of the parliament (National Assembly) Qasim Suri under article 6 of the constitution for high treason.

Tarar accused the trio of dissolving the National Assembly illegally at a time when a motion of no confidence was moved against Khan’s government in April 2022.

Article 6 of Pakistan constitution says that “any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogates or subvert or suspend or hold in abeyance the constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason.”

PTI reacted to the threat of ban by calling the move “against the foundation of Pakistan” and warning any such move would lead to unrest in the country.

“Expressing the desire to ban the country’s most popular and largest party is a shameful attempt to undermine the foundations of the country by directly attacking the basic political rights of millions of Pakistanis,” PTI said in a statement posted on its social media page on X.

It also accused the government and head of the country’s armed forces General Asim Munir of jointly pushing the country “towards chaos, destruction and civil war.”

The Human Rights Commission of Pakistan (HRCP) too criticized the government’s intent to ban PTI calling it an “enormous blow to democratic norms” and a move which reeks of “political desperation.” It demanded withdrawal of all such moves.

It also asked the government to prioritize dealing with the issues of common citizens who were “caught in a continuing cost-of-living crisis and rising violence, crime and militancy.”

PTI can become the single largest party in the National Assembly

Critics argue that the PML (N) government’s move to ban PTI and seek high treason against its top leadership is a reaction to the fact that the party could emerge as the largest party in the National Assembly (NA) following the recent judgment by the country’s Supreme Court recognizing its PTI’s status as political party during the February 8 elections and declaring it eligible for the share of reserved seats in state and national legislatures.

An 8-5 majority judgment in Pakistan’s top court declared null and void the decision of the Election Commission of Pakistan’s (ECP), earlier endorsed by the Peshawar High Court (PHC), denying PTI its share in the reserved seats and allotting them to other parties.

A part of the seats in Pakistan’s national and state assemblies is reserved for minorities and women and are allotted to parties according to the proportion of general seats won in the election. Pakistan’s NA has 336 seats in total out of which 10 seats are reserved for religious minorities and 60 for women. The rest of the seats are general seats decided through popular voting.

PTI candidates contested February 8 elections as independents due to ECP denying its electoral symbol. Since PTI was not recognized as a party in the elections its share of reserved seats both in the state and national assemblies were distributed among other parties.

Around 84 PTI candidates were elected in the NA as independents in February 8 elections which was the highest among all the parties. In order to secure their share in the reserved seats in the NA, PTI legislatures affiliated to Sunni Ittehad Council (SIC) a party with no elected representatives in the NA but were still denied those seats.

After the Judgment on July 12, PTI would also be eligible for 20-23 reserved seats which would make it the largest party in the NA.

Tarar announced that the Sharif government would file a review petition against the Supreme Court verdict as well.

Meanwhile, the PTI leader and former prime minister remains in jail despite getting relief or acquittal in all major cases recently. After getting relief in the case related to the leak of state secrets popularly known as the cipher case earlier, last week Khan was also acquitted in the case related to unlawful marriage (Iddat) by local court. Sentences in two other cases have also been suspended.

Khan was rearrested in a case related to May 9 violence immediately after a court acquitted him and his wife from all charges related to the violation of mandatory waiting period between two marriages called Iddat last week.