Khyber-Pakhtunkhwa Chief Minister Sohail Afridi addresses a jirga in Peshawar on Monday. SCREEN CAPTURE
ISLAMABAD:
The Federal Constitutional Court (FCC) has sought a response from Khyber-Pakhtunkhwa Chief Minister Sohail Afridi within ten days on the formation of PTI founder Imran Khan’s “liberation force”.
A three-judge bench of the FCC, headed by Chief Justice Aminuddin Khan, on Wednesday accepted 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 liberation force/rihai” is prohibited, and that any attempt to constitute, organize or mobilize such a force or private militia would be illegal, unconstitutional and would violate 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 accepted two petitions that could affect the interests of the PTI, particularly 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 stayed the proceedings of the Peshawar Anti-Terrorism Court in the same case. Now it has welcomed a petition questioning the “liberation force” proposal.
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 cabinet had not granted permission.
According to the petition, on February 18 the KP Prime Minister made a public statement, which was widely circulated in print, electronic and social media, announcing the intention to form a force described as “Imran Khan Liberation Force”, also known as “Imran Khan Rehai Force”, aimed at securing the release of the PTI founder, who is imprisoned in connection with several criminal cases and has convictions confirmed 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 maintains that Article 5 of the Constitution imposes on every citizen, including public office holders, the fundamental duty to remain loyal to the State and respect the Constitution and the law, and any action contrary to this is ultra vires the Constitution.
