The Punjab government announced today its intention to recommend a ban on the religiopolitical party, Tehreek-i-Labbaik Pakistan (TLP), after violent clashes between the party and police in Muridke at the start of the week led to the arrest of 2,716 protesters in the province.

The party had set out for what it described as a “Gaza solidarity” march, pledging to reach Islamabad and protest outside the US embassy. However, in a massive crackdown, law enforcement agencies launched a pre-dawn operation on Monday to dismantle the party’s protest camp, which sparked clashes, widespread chaos and arrests.

Additionally, the number of cases registered against the outfit has reached 72, with at least 39 registered in Lahore, amid arrests of second- and third-tier leaders of the TLP — said to be the biggest number of criminal cases against the TLP across Punjab during the last few years.

The decision to ban TLP is being linked to some crucial meetings, where its record of violent agitations, fatal attacks on the law enforcers, and the ransacking of Christian and Ahmadiyya places of worship came under discussion.

How does banning a party work?

The National Counter Terrorism Authority (Nacta) maintains lists of proscribed persons and groups, under which those designated as ‘terrorists’ or associated with terrorism face severe consequences such as travel bans and sanctions.

The Fourth Schedule of the Anti-Terrorism Act (ACA) 1997, a watch list for individuals affiliated with terrorist groups or activities, is also used as a means of monitoring and restricting terrorism.

Historically, the list has included militant groups such as the Tehreek-i-Taliban Pakistan (TTP) and Hizbut Tahrir; banned sectarian outfits such as Lashkar-i-Jhangvi, extremist organisations such as Jaish-i-Mohammad; and outlawed separatist groups such as the Baloch Liberation Army (BLA).

However, authorities have widened their net in the last couple of years to include an increasing number of individuals from Khyber Pakhtunkhwa and Balochistan.

Although it is common practice for Pakistan’s ruling powers to attempt to ban political and other outfits based on conflicts of interest, the government has limited powers to seal the fate of its political rivals.

The provincial government can request a ban to be imposed on a party, as in the case of the TLP. In turn, the federal government has the power to refer this request to the Supreme Court, by declaring that the party “has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan”, according to Article 17(2) of the Constitution.

However, according to analysts, the final decision to ban a political party rests with the Supreme Court (SC), as per the Constitution.

“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,” the article says.

According to a previous analysis by Dawn of relevant constitutional and legal provisions, the government can either invoke Article 17 (2) to ban a political party or Section 212 of the Elections Act 2017 to seek its dissolution.

The latter act similarly states that the government can make a declaration in this regard, but the matter will be referred to the SC for adjudication.

As a result, most attempts to ban a political party have fizzled out.

A long history of bans

This is far from the first time in Pakistan’s history that the government has moved to impose a ban on a political party.

In October of last year, a ban was announced on the Pashtun Tahafuz Movement (PTM), a social movement for Pashtun rights in KP and Balochistan.

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Additionally, in July 2024, the federal government declared its intention to ban former Prime Minister Imran Khan’s PTI, just as it was about to become the single largest party in the National Assembly.

Before the PTI, it was the Awami League of Sheikh Mujibur Rahman. In March of 1971, the Awami League was banned and 76 of its 160 elected members were disqualified for being traitors. The protest against this move was followed by a larger movement that led to the establishment of Bangladesh, with Rahman as its first prime minister.

The TLP was itself banned once before in 2021, after earlier protests resulted in the deaths of several policemen. The ban was approved by the federal cabinet and enforced under the Anti-Terrorism Act 1997.

However, the ban was lifted after a few months, when the party filed a review petition and continued protests. The party’s detained chief, Saad Rizvi, was also released.