Khyber-Pakhtunkhwa Chief Minister Sohail Afridi addresses a jirga in Peshawar on Monday. SCREEN GRAB
ISLAMABAD:
The Federal Constitutional Court (FCC) has sought a response from Khyber-Pakhtunkhwa Chief Minister Sohail Afridi within ten days regarding the formation of PTI founder Imran Khan’s “release force”.
A three-judge bench of the FCC, headed by Chief Justice Aminuddin Khan, on Wednesday took up a petition filed by Islamabad-based lawyer Malik Zaheer Ahmed.
The petition seeks a declaration that the formation or mobilization of the so-called “Imran Khan release/rihai force” is prohibited and that any attempt to create, organize or mobilize such a private force or militia would be illegal, unconstitutional and contrary to Articles 5, 17 and 256 of the Constitution Act, as well as prohibition, as well as prohibition. 1973.
Attorney Ali Nawaz Kharal is representing the petitioner before the FCC.
After the Eid holidays, the FCC has taken up two petitions that may affect PTI’s interests, especially that of the KP Chief Minister.
Last week, the FCC heard a petition to transfer the May 9 proceedings from Peshawar to Islamabad or any other province. Afridi is an accused in the case relating to the May 10, 2023 attack on Radio Pakistan Peshawar.
The FCC also adjourned the proceedings before the Anti-Terrorism Court (ATC) Peshawar in the same case. It has now taken up a petition challenging the proposed “release power”.
During the hearing, Justice Aminuddin observed that no “release force” should be formed for a convicted person.
Another judge, Justice Ali Baqar Najfi, asked whether the KP cabinet had approved the formation of the “release force”. The lawyer replied that the government had not given permission.
According to the petition, on February 18, the KP Chief Minister issued a public statement – widely circulated on print, electronic and social media – in which he announced the intention to form a force described as “Imran Khan Release Force”, also referred to as “Imran Khan Rehai Force”, with the aim of securing the release of the PTI founder, who has been arrested in various court cases, who has been jailed in various court cases.
The petitioner expressed concern that similar terminology previously used by political parties had led to the emergence – or at least the perception – of militant wings linked to them, including groups such as the Al-Zulfiqar Organization, historically linked to the Pakistan Peoples Party, and militant elements previously attributed to the Muttahida Qaumi Movement.
The petition contends that Article 5 of the Constitution imposes on every citizen – including public office holders – a fundamental duty to remain loyal to the state and abide by the Constitution and the law, and any act contrary to this is ultra vires the Constitution.
