FCC seeks reply from KP CM over ‘Imran Khan release force’ proposal

ISLAMABAD: The Federal Constitutional Court (FCC) on Wednesday directed Khyber Pakhtunkhwa Chief Minister Sohail Afridi to submit a response within 10 days over a petition challenging plans to create a so-called “release force” for incarcerated PTI founder Imran Khan.

A three-member bench headed by Chief Justice Aminuddin Khan also issued notices to key respondents, including the KP government, Pakistan Tehreek-e-Insaf (PTI), the federal government and the Election Commission of Pakistan (ECP).

The petition calls for preventing the formation or mobilisation of any such group, arguing that it could violate constitutional provisions. During the hearing, Justice Ali Baqar Najafi questioned whether the provincial cabinet had formally approved the proposed force. Counsel representing the petitioner confirmed that no such approval had been granted.

The court further instructed the federal government to ensure that no unlawful activity takes place and that public safety is not compromised.

The idea of forming a “release force” was announced by the KP chief minister earlier this year following protests aimed at securing access to Imran Khan, who has been held at Rawalpindi’s Adiala Jail since August 2023.

Legal concerns and political divisions surface
The petition, filed in the public interest by Advocate Ali Nawaz Kharal, contends that the proposal raises serious constitutional and legal concerns. It argues that any attempt to establish a private force would contravene Article 256 of the Constitution, which prohibits the creation of militias outside state control, as well as relevant laws banning such organisations.

It further states that even the announcement of such a plan has created unease among the public, fuelling concerns about potential unrest and undermining confidence in the rule of law.

The move has also triggered debate within PTI ranks. While some party leaders have questioned the necessity and implications of forming such a force, others have pushed for immediate mobilisation to intensify efforts for the party founder’s release. The proposal has drawn comparisons in political circles to past instances where militant wings were associated with political movements.

The petition emphasises that public office holders are bound by constitutional obligations, including loyalty to the state and adherence to the law, and warns that any deviation could be deemed unconstitutional.

The FCC is expected to take up the matter again after receiving responses from the concerned parties, as scrutiny continues over the legality and implications of the proposed initiative.