As the Pakistan Tehreek-e-Insaf (PTI) prepares to launch an agitation campaign demanding the release of former prime minister Imran Khan, the Federal Constitutional Court (FCC) has fixed for hearing two separate cases: one challenging the formation of the "release force" by the PTI founder, and the other contesting the Khyber-Pakhtunkhwa (K-P) government's decision to withdraw cases related to the May 9 riots. A three-judge bench led Chief Justice Aminuddin Khan will take both petitions on July 29. First constitution petition has been filed under Article 175 E of the Constitution by Islamabad-based advocate Malik Zaheer Ahmed through Advocate Ali Nawaz Kharal.
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. The same bench on April 1 sought a response from Khyber-Pakhtunkhwa Chief Minister Sohail Afridi within ten days regarding the formation of PTI founder Imran Khan's "release force". Now the matter is listed for hearing after almost three months.
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.…
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