He claims that the case concerns the political leadership and does not involve the provincial bureaucracy
ISLAMABAD:
As the Federal Constitutional Court (FCC) resumes hearing today (Tuesday) on a petition regarding the alleged “Imran Khan Rehai Force”, the Khyber-Pakhtunkhwa Chief Secretary has asked the court to remove him as a respondent.
In a terse statement made before the court, he claimed that the case pertains to the political leadership and does not involve the provincial bureaucracy or government machinery.
The Chief Secretary submitted the statement in response to a petition filed under Article 175E of the Constitution by Islamabad-based lawyer Malik Zaheer Ahmed through lawyer Ali Nawaz Kharal.
The petitioner sought a declaration that the formation or mobilization of the so-called “Imran Khan Rehai Force” was prohibited. It argued that any attempt to create, organize or mobilize such a private force or militia would be illegal, unconstitutional and in violation of Articles 5, 17 and 256 of the Constitution as well as the Private Military Organizations (Abolition and Prohibition) Act, 1973.
On April 1, the FCC sought a response from KP Chief Minister Sohail Afridi within 10 days regarding the alleged formation of the PTI founder’s “release force”.
After almost three months, the case is now ready for hearing again. A three-member FCC bench headed by Chief Justice Amin-ud-Din Khan is scheduled to resume hearing the case today.
The Chief Secretary stated that the issue raised in the petition relates to the statements of the political leadership in its political capacity and does not involve any administrative process through the bureaucratic side of the government or involve the use of state resources or machinery.
He further submitted that the petitioner had not alleged any act or omission on his part; therefore, no case was filed against him.
The Chief Secretary argued that the FCC possesses ample powers to strike him as “Respondent No. 2” from the constitutional petition, describing him as an unnecessary party to the case.
“There is no legal bar to the acceptance of the instant application and in order to save the precious time of this court, it is just and proper that the respondent no.2 (KP Chief Secretary) be struck off/excluded as the respondent in this case,” the statement said.
