The recently passed Elections Act 2017 allows an individual, convicted or from a proscribed organization to form and head a political party. This was stated by senior lawyer and former chairman Senate Wasim Sajjad. "It should have been specifically mentioned in the law that a person disqualified from a court of law, convicted or associated with a proscribed organization, can not head or form a political party, but this specific law does not have any such restriction," he added.
Sajjad added that former Muttahida Qaumi Movement (MQM) founder Altaf Hussain would now be able to head a political party if he can get a Pakistani passport or National Identity Card for Overseas Pakistanis (NICOP).
Former vice president Supreme Court Bar Association (SCBA) Ikram Chaudhry referred to the law as 'ambiguous' and stated that he would challenge it today. The law has already challenged in the court by Sheikh Rashid. "I am hopeful that the court will examine the law's pros and cons and there is a possibility it will be struck down," he said.
He further contended that the legal fraternity was not satisfied with the pace of legislation as it was done in haste to benefit a single person after he was disqualified by Supreme Court in the Panama Papers case. "If it was meant to save Nawaz Sharif, the architects of the law should have kept this in mind that it can also benefit criminals and proscribed militant outfits," he added.
According to National Counter Terrorism Authority (NACTA), there are some 61 proscribed organizations in Pakistan, and with the passage of the law, the government has paved the way for them to form their political parties.
Waseem Aftab of Pak Sarzameen Party (PSP) accused MQM-P of extending underhanded support to the government (and Altaf Hussain): "The MQM-P tactfully supported the government in the Senate and opposed the bill in the National Assembly which reflects their understanding with the government." He said that the government needed MQM-P's support only in the Senate where one of its senators [Mian Ateeq] voted for the bill.
Aftab also said that the reason why PSP is coming down hard on MQM-P is because it is still supporting Altaf Hussain. "Farooq Sattar-led MQM is just waiting for an opportunity to go to the public seeking vote in the name of Altaf Hussain. These people never disassociated themselves from Altaf," he claimed.
Former Secretary Election Commission of Pakistan (ECP) Kanwar Muhammad Dilshad said that the amendment to Political Order 2002 through the Elections Bill will be struck down by court as it is ultra vires of the constitution. "The PML-N has set a bad precedent by amending Political Order 2002, and this will be useful for other political parties in the event that their leader is disqualified by the courts," said Kanwar. "If the courts strike down the legislation, Nawaz Sharif will have to face more humiliation," he said.