Khyber-Pakhtunkhwa Chief Minister Sohail Afridi addresses a jirga in Peshawar on Monday. SCREENSHOT
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 ‘liberation force’.
A three-judge FCC bench, headed by Chief Justice Aminuddin Khan, on Wednesday considered 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/rihai Liberation Force’ is prohibited and that any attempt to constitute, organize or mobilize any such 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.
Attorney Ali Nawaz Kharal represents the petitioner before the FCC.
After the Eid holidays, the FCC took up two petitions that could impact the interests of the PTI, including those of the KP Chief Minister.
Last week, the FCC heard a petition seeking 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 suspended the Peshawar Anti-Terrorism Court (ATC) proceedings in the same case. He has now entered a petition challenging the proposed “liberation 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 KP cabinet had approved the formation of the “liberation force”. The lawyer responded that the firm had not granted permission.
According to the petition, on February 18, the KP Chief Minister made a public statement – widely circulated in print, electronic and social media – announcing his intention to form a force described as the ‘Imran Khan Liberation Force’, also called the ‘Imran Khan Rehai Force’, aimed at securing the release of the PTI founder, who is incarcerated in connection with various criminal cases and whose convictions have been 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 People’s 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 – the fundamental duty to remain loyal to the State and to respect the Constitution and the law, and that any action contrary to this is ultra vires the Constitution.
