Following the Pakistani government’s recent declaration of intent to ban the Pakistan Tehreek-e-Insaf party, legal experts have weighed in on the implications and legality of this decision.
Retired Justice Shaiq Usmani emphasized the constitutional framework surrounding such bans. He acknowledged that while the government possesses the authority to ban a political party under Article 17 of the constitution, which guarantees the right to freedom of association, any such decision must be scrutinized by the Supreme Court.
According to Usmani, this involves a detailed investigation and submission of a reference to the judiciary for a final verdict, particularly if the party’s activities are deemed detrimental to national security.
Conversely, prominent lawyer Aitzaz Ahsan condemned the government’s move as “foolish” and criticized the alleged malicious intent behind the ban reference. Ahsan suggested that the government’s decision was strategically timed to divert attention from allegations regarding irregularities in PTI’s funding, notably relating to the contentious “Form 45” issue. He predicted repercussions for those implicated in any discrepancies uncovered during investigations into the party’s financial practices.
The government’s announcement came during a press briefing led by Federal Information Minister Atta Tarar, who asserted that coexistence between PTI and the state was untenable.
Additionally, the government announced plans to challenge a recent Supreme Court ruling regarding reserved seats in the elections, indicating a broader strategy to contest judicial oversight in political matters.
In conclusion, while the government cites national security concerns to justify its decision, legal experts like Usmani stress the necessity of due process and judicial review. Meanwhile, critics like Ahsan accuse the government of ulterior motives, predicting that the controversy surrounding PTI’s ban could deepen political tensions and legal challenges in Pakistan’s volatile political landscape.
