FCC questions Imran ‘Release Force’

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, led by Chief Justice Aminuddin Khan, on Wednesday took up a petition filed by Islamabad-based advocate Malik Zaheer Ahmed.

The petition seeks a declaration that the formation or mobilisation of the so-called “Imran Khan release/rihai force” is prohibited, and that any attempt to constitute, organise, or mobilise 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 Organisations (Abolition and Prohibition) Act, 1973.

Advocate Ali Nawaz Kharal is representing the petitioner before the FCC.

After the Eid vacations, the FCC has taken up two petitions that could impact the interests of the PTI, particularly that of the K-P chief minister.

Last week, the FCC heard a petition seeking the transfer of the May 9 case from Peshawar to Islamabad or any other province. Afridi is accused in the case, which relates to the May 10, 2023 attack on Radio Pakistan Peshawar.

The FCC also stayed the proceedings of the Anti-Terrorism Court (ATC) Peshawar in the same case. It has now taken up a petition challenging the proposed “release force”.

During the hearing, Justice Aminuddin observed that no “release force” should be formed for a convicted individual.

Another judge, Justice Ali Baqar Najfi, asked whether the K-P cabinet had approved the formation of the “release force”. The counsel responded that the cabinet had not granted permission.

According to the petition, the K-P chief minister on February 18 made a public statement—widely circulated in print, electronic, and social media—announcing the intention to form a force described as the “Imran Khan Release Force”, also referred to as the “Imran Khan Rehai Force”, aimed at securing the PTI founder’s release, who is incarcerated in connection with various criminal cases and has convictions upheld by competent courts.

The petitioner expressed concern that similar terminology used in the past 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 associated with the Pakistan Peoples Party, and militant elements previously attributed to the Muttahida Qaumi Movement.

The petition contends that Article 5 of the Constitution imposes a fundamental duty on every citizen—including public office holders—to remain loyal to the state and abide by the Constitution and the law, and any action contrary to this is ultra vires the Constitution.