Imran Khan’s political party to be banned: What Pakistan’s laws say on the charges

The law on high treason

Article 6(1) of the Constitution of Pakistan states, “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

This provision also states that any person “aiding or abetting” such acts will also be guilty of high treason under Article 6(2). Article 6(3) places an obligation on Parliament to pass a law which “provide(s) for the punishment of persons found guilty of high treason”. The High Treason (Punishment) Act, 1973 prescribes death or life imprisonment as punishment.

Information Minister Atta Tarar said that a reference under Article 6 would be made against Khan, former Pakistan President Arif Alvi, and former Deputy Speaker of the National Assembly (or the lower house) Qasim Suri. Dawn reported the charges stem from events of April 2022, where Deputy Speaker Suri rejected a no-confidence motion against then Prime Minister Khan and President Alvi dissolved the National Assembly while acting on advice from Khan.

In July 2022, the Supreme Court of Pakistan set aside the Deputy Speaker’s “unilateral” decision. Justice Mazahar Alam Khan Miankhel stated “Whether these acts attract Article 6 of the Constitution (high treason) is also left open to be determined by the parliamentarians to ponder should they leave open the doors for such unconstitutional acts or take suitable measures to stop such like mess in future,” Dawn reported.

Earlier in 2019, a special court sentenced the former President of Pakistan Pervez Musharraf to death for high treason. Musharraf suspended the Constitution and imposed a state of emergency in November 2007. However, Musharraf was living in Dubai in 2019. The sentence was never carried out as Musharraf died in Dubai in February 2023.

What about banning political parties?

Information Minister Tarar, in a statement during a press conference in Islamabad on July 15, said “We are going to impose a ban on PTI and we believe that Article 17 of the Constitution gives the government the right to ban political parties, and this matter will be referred to the Supreme Court.”

Article 17(2) gives citizens 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” and allows the government of Pakistan to declare “that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan”.

However, the Supreme Court has the final say in such cases as Article 17(2) also states “within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.”

During the press conference, Tarar cited cases brought against the party earlier, such as the allegations of foreign funding, as “credible evidence present to have the PTI banned”.

In a similar incident in May 2020, the Imran Khan government banned the Jeay Sindh Qaumi Mahaz-Arisar (JSQM-A) party on “reasonable grounds” that it was involved in terrorist activities. The party was known for criticism of China’s Belt and Road Initiative and its projects in Pakistan, like the plan to build a new industrial city in Sindh (where JSQM-A is based) called Zulfikarabad.

Are there laws on treason and banning parties in India?

Though there is no specific law for banning political parties in India, the Tenth Schedule of the Indian Constitution governs the disqualification of Members of Parliament and Members of Legislative Assemblies on the grounds of defection.

The Central government, however, is empowered to declare associations as “unlawful” under Section 3 of the Unlawful Activities (Prevention) Act, 1967. These associations are defined as those that undertake, encourage, or aid “unlawful activities”, including supporting claims of “secession of a part of the territory of India from the Union” or actions intended to “disrupt the sovereignty” or “cause disaffection” towards India.

Further, the crime of treason is not enshrined in the Indian Constitution, but it has been introduced through the newly enforceable Bharatiya Nyaya Sanhita, 2023. Section 152 punishes a person who “purposely or knowingly… excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India”