The Federal Constitutional Court (FCC) has instructed Khyber Pakhtunkhwa Chief Minister Sohail Afridi to provide a response within ten days regarding a petition challenging the establishment of a so-called “release force” intended for the incarcerated Pakistan Tehreek-e-Insaf (PTI) founder, Imran Khan.
A three-member bench led by Chief Justice Aminuddin Khan issued notices to key stakeholders, including the KP government, PTI, the federal government, and the Election Commission of Pakistan (ECP). The petition seeks to prevent the formation or deployment of any such group, arguing that it may violate constitutional provisions.
During the hearing, Justice Ali Baqar Najafi inquired whether the provincial cabinet had formally approved the creation of this force. The petitioner’s counsel confirmed that no such approval had been granted to date.
Meanwhile, the court directed the federal government to ensure that no illegal activities occur and that public safety remains uncompromised.
In a significant development, the KP chief minister had announced the idea of forming this “release force” earlier this year amid protests demanding access to Imran Khan, who has been detained at Rawalpindi’s Adiala Jail since August 2023.
The petition, filed in the public interest by Advocate Ali Nawaz Kharal, raises serious constitutional and legal issues. It argues that establishing a private force would contravene Article 256 of the Constitution, which prohibits militias outside state control, as well as other relevant laws banning such entities.
Notably, the announcement alone has sparked public unease, raising fears of potential unrest and eroding trust in the rule of law.
The proposal has also stirred debate within PTI. Some party leaders question the necessity and consequences of such a force, while others advocate for its immediate formation to strengthen efforts for Imran Khan’s release. Political analysts have drawn parallels to previous occasions when militant wings were linked to political movements.
The petition underscores that public officials are constitutionally bound to uphold loyalty to the state and comply with the law, warning that any deviation could be unconstitutional.
The FCC will revisit the issue after receiving responses from the involved parties, as scrutiny continues over the legal and political ramifications of the proposed initiative.
