He maintains the matter concerns political leaders and does not involve the provincial bureaucracy.
ISLAMABAD:
As the Federal Constitutional Court (FCC) today (Tuesday) resumes its hearing on a petition regarding the so-called ‘Imran Khan Rehai Force’, the Khyber-Pakhtunkhwa chief secretary has requested the court to remove him as a respondent.
In a concise statement submitted to the court, he argued the matter concerned political leaders and did not involve the provincial bureaucracy or government machinery.
The chief secretary submitted this statement in response to a petition filed under Article 175E of the Constitution by Islamabad-based advocate Malik Zaheer Ahmed through advocate Ali Nawaz Kharal.
The petitioner sought a declaration prohibiting the formation or mobilization of the so-called “Imran Khan Rehai Force”. He contended that any attempt to constitute, 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 ‘liberation force’.
After almost three months, the matter is now set for further hearing. A three-member bench of the FCC, headed by Chief Justice Amin-ud-Din Khan, is expected to resume hearing the case today.
The chief secretary said the issue raised in the petition relates to statements made by political leaders in their political capacity and does not involve any administrative process on the part of the government bureaucracy or use of government resources or mechanisms.
He further submitted that the petitioner had not alleged any action or inaction on his part; therefore, no cause of action was asserted against him.
The chief secretary argued that the FCC has broad powers to remove him as “respondent No. 2” from the constitutional petition, describing him as an unnecessary party to the proceedings.
“There is no legal impediment to granting the present application and in order to save valuable time of this court, it is just and proper that respondent no.2 (KP Chief Secretary) be removed/excluded as a respondent in this matter,” the statement said.
