Ban on PTI may lead to some undemocratic experiment

The federal government’s announcement to ban the Pakistan Tehreek-e-Insaf (PTI) looks like a step to pave the way either to comprise the democratic system or end up with an utter defeat.
The government also announced to invoke Article 6 of the Constitution against former President of Pakistan Arif Alvi, the PTI’s founder Imran Khan and former deputy speaker national assembly Qassim Suri.
To ban this party, the government will move to the Supreme Court under Article 17 of the Constitution of Pakistan.
This Article is about the freedom of association and its section (1) sates: Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan, public order, or morality. Section (2) says: Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan or public order and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or public order, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.
The most important point here is the government will refer this case within 15 days to the top court whose decision will be final.
Now looking into the history of government’s legal battle with regard to the PTI, we saw it losing this battle. The PTI’s founder won in cases including Iddat, cipher, 190 million Pounds and Toshakhana. Finally, the PTI won the reserved seats case in which it was not even a party in the apex court.
Now when the government has already lost in this battle anyway in the courts than what now is it looking for to win in new cases like Toshakhana, and now the under Article 6 and the ban of this party?
Will the courts really buy the government’s narrative on banning this political party? Or can now the government prove efficient and right in a case under Article 6 against the PTI’s leadership and ban this party under Article 17?
The government’s legal fight history reveals it may again loose this battle in the top court. Now if the government loses this case for any reason, then what choice is left for it to face the PTI?
The government may not be in a position to face this defeat after such a big announcement or take this decision back. It will now proceed anyway. The mood of the courts over PTI’s cases reflects the PTI may receive concession.
If the government wins this case, then what the PTI will do can be assessed from May 9. In both ways – either the government wins or loses – the situation will further lead to a chaos.
If the chaos or frustrating leads to the rods then the choice is left for calling an emergency. The emergency situations then further lead to a new system. After this announcement the PTI’s founder has started using indecent language. One of his official account statements used the word “Prostitute” for an institutional head. The analysts think it is basically his language that brought his party to this level. If this language refined 70 percent of the PTI’s problems might have not emerged and the rest were resolved.
When the courts are not ready to retrieve and the government announced banning of this party then what does it mean? It means somebody behind the scenes is willing to go any length even if the courts provide relief. May it not happen, but if it happens Pakistan will lose. The statements of the PTI’s leadership are further fueling the fire that need to be controlled and they should voice for result oriented talks.
When the tops courts have provided relief to the PTI under almost all major cases, then why this announcement was made? It trumpets for some major trouble that should be avoided the best it could be. It means the PTI will be crushed at any and every cost. The situation can reverse if the PTI’s founder for the sake of Pakistan retrieves back. The establishment will never get back at any cost; this is loud and clear.
If the fight doesn’t stop then who wins in societies like Pakistan is not hidden. The government also needs to step back a little for the sake of Pakistan and its people facing a lot of hardships. This announcement attracted criticism from across the political spectrum, with the stakeholders calling the move undemocratic, even a reaction came from the United States calling it could have far-reaching consequences if executed.
The US expressed concern over the government’s decision to restrict the PTI. US State Department spokesperson Matthew Miller responding to a question regarding the matter in question said the US has observed governmental statements imposing restrictions on political parties, which raises concerns that such actions could mark the beginning of a political crackdown. He said that the US will closely monitor these internal developments and decisions. Miller said any restrictions on political parties are worrisome because they contradict human rights, freedom of expression, constitutional, and democratic principles. The US always supported actions promoting justice, including adherence to democratic practices and broader principles and laws, the spokesperson said. Besides the PTI, leaders from other parties including the PPP, Awami National Party, Jamiat Ulema-i-Islam, and Jamaat-i-Islami criticized this decision. The PTI calls it the ‘embarrassment’ faced by the government following the Supreme Court decision on reserved seats.
They vowed that they had fought and would continue to battle the elements ‘‘hell-bent on plunging the country into the quagmire of destruction and anarchy’’ by giving their wish the status of the law. They said it was neither possible to crush the PTI nor could any positive outcome be expected from it. The PPP distanced itself from this decision saying its leadership was not taken on board regarding this decision. On the other hand, some of the PPP’s leaders like Sharjeel Memon said it were Khan’s own fruits.
Convener Pakistan Awaam Party Shahid Khaqan Abbasi warned the decision would trigger unrest in the country and it was the same mistake which was committed by the PTI’s founding chairman. ANP leader Mian Iftikhar Hussain called it a ‘childish’ move. JUI-F leader Hafiz Hamdullah said the government wondered if it believes political and economic stability would be ensured through this decision. Jamaat-i-Islami Emir said such decisions could never stand in a court of law. HRCP Chairperson Asad Iqbal Butt stated: “HRCP is shocked by the government’s decision to ban the PTI. Not only is this move in flagrant violation of party members’ right to association under Article 17 of the Constitution, but it is also an enormous blow to democratic norms, especially when the Supreme Court has unanimously ruled that the PTI is a political party.” Meanwhile from the government’s side Information Minister Attaluah Tarar and Talal Chaudhry said the government is aware that a reaction will come, but the clear thing is that the PTI and Pakistan cannot go along. They said the government was not imposing ban on a political party and political leadership rather a party that damaged the national interest and waged war against national institutions.
(Senior journalist Rana Kashif has authored this article)