ISLAMABAD: If the allegations levelled against the MQM and its chief Altaf Hussain by Zulfiqar Mirza are established, it would lead to the dissolution of the party besides immediate disqualification of all its MPs from all national and provincial elected houses.
Former secretary Election Commission Kanwar Dilshad told The News that the Political Parties Order 2002 does not allow any political activity by any political party that is involved in anti-state activities.
Mirza, in his allegations while holding the Quran over his head, had charged the MQM and its chief of working on a US conspiracy to break up Pakistan. The MQM is also alleged to have written to former British Prime Minister Tony Blair and sought the dissolution of the ISI.
These allegations have not yet been probed or established but, according to Kanwar Dilshad, the Political Parties Order 2002 unambiguously speaks against any political party involved in anti-state activities. In pursuance of such matter, he explained that the Political Parties Order 2002, Article 15 & 16 state:-
“Dissolution of a political party.- (1) Where the Federal Government is satisfied that a political party is a foreign-aided party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the Official Gazette.
(2) Within fifteen days of making a declaration under clause (1), the Federal Government shall refer the matter to the Supreme Court whose decision on such reference shall be final.
(3) Where the Supreme Court upholds the declaration made against a political party under clause (1), such party shall stand dissolved forthwith”.
“Effects of Dissolution of political party.- (1) Where a political party is dissolved under Article 15, any member of such political party, if he is a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament) or as the case may be, the Provincial Assembly, unless before the final decision of the Supreme Court, he resigns from the membership of the party and publicly announces his disassociation with such political party.
(2) A person becoming disqualified from being a member of Majlis-e-Shoora (Parliament) or Provincial Assembly under clause (1) shall not participate in election for any elective office or any legislative body till the expiry of four years from the date of his disqualification from being a member of the Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly.
(3) The order of members of a political party becoming disqualified from being members of Majlis-e-Shoora (Parliament) or Provincial Assembly on its dissolution shall be notified in the official gazette.”
Dilshad recalled that Zulfiqar Ali Bhutto had banned the National Awami Party, headed by Wali Khan, on the basis that they had connection with Iraq and Russia in order to disintegrate Balochistan. The Supreme Court, headed by Chief Justice Hamood-ur-Rehman, had accepted the federal government’s point of view and banned the party and this decision was still valid.