Former attorney general for Pakistan (AGP) Justice (retd) Anwar Mansoor has wondered about what evidence the federal government was gearing up to fight the PTI ban case.

“Article 17 applies in this case, which looks at how and why a party can be banned,” he said while appearing on Aaj News show News Insight on Monday.

The federal government’s decision to move a case in the apex court to ban Imran Khan’s Pakistan Tehreek-e-Insaf, days after twin court decisions that favoured the former leader.

Former prime minister Imran Khan and his PTI got major relief last week when an Islamabad judge overturned his illegal marriage conviction while the top court awarded the former ruling party more parliamentary seats.

Both cases were considered a major blow to the coalition government of Prime Minister Shehbaz Shari as many believed the decision would end the treasury benches majority in the National Assembly.

Awan referred to a case in 1976 against Abdul Wali Khan, after which the party was banned. The reason behind that ban was that Wali had given a public speech and threatened to secede from Pakistan, he said.

The former AGP went on to add that the government was relying on the Election Commission of Pakistan’s order, which stated that foreign funding had occurred. But he termed this order as “completely wrong” and added that the FIA had arrested 200 to 250 people based on it. “The government is using this ECP order as evidence.”

Mansoor emphasised that “banning PTI is not that easy and there will be a prolonged legal battle.” He substantiated his claim by saying that the government cannot proceed without evidence and the FIA has failed to gather any concrete evidence of foreign funding despite a four-year investigation.

‘Cabinet notification on dissolution will mean ban on PTI’

Former Lahore High Court judge Shah Khawar, who had also joined the show via video link, stated that as soon as the cabinet issues the notification on banning PTI, the party would be considered “banned”.

Within 15 days, he said that the government would have to approach the Supreme Court. The notification would remain in effect until the SC does not revoke it and there would be no stay on it.

“The PTI ban will remain in place until the Supreme Court’s decision is made.”

‘Why is government invoking Article 6 against PTI?’

In the last segment of the show, PPP leader Ali Bader stated that those who committed constitutional violations should be charged under articles 5 and 6 of the Constitution.

While speaking about former prime minister Imran Khan’s action, he said Khan had decided to dissolve the assembly during the no-confidence vote and advised the president to follow on the request, “for which Articles 5 and 6 should apply.”

He said that the government has not consulted the PPP’s leadership on this matter so far. “Our leadership is not in favour of banning any political party.”

All political parties should be brought to the table to solve the issues, Bader said and added that he does not believe any political leader would support the idea of a ban.