Formation of proposed ‘release force’ for IK: FCC directs KP CM to submit reply within 10 days

ISLAMABAD: The Federal Constitutional Court (FCC) has directed Khyber Pakhtunkhwa Chief Minister Sohail Afridi to submit a reply within 10 days regarding the formation of the proposed “release force” aimed at securing the release of Pakistan Tehreek-e-Insaf founder Imran Khan from Adiala Jail.

A three-judge bench, headed by Chief Justice Aminuddin Khan, on Wednesday heard the petition of Zaheer Ahmed. Advocate Ali Nawaz, representing the petitioner, submitted the material related to the release force before the bench.

The lawyer recalled that CM Afridi had stated their fight was “with robbers”, contending that such a force was “also a threat to public order and peace”. He referred to a previous ruling issued by the Sindh High Court in Karachi regarding law and order.

Justice Ali Baqir Najafi questioned whether the provincial cabinet had allowed the formation of the force. The lawyer said that it had not given any such permission.

The Court had sought a response from the KP Chief Minister within 10 days regarding the formation of the ‘release force’.

The FCC also issued a notice to the federal government to seek its response. The court directed the government to ensure there was no violation of the Constitution and the law during the formation of the “force”.

In February this year, the KP CM, after a day-long protest, failed to meet Imran Khan in Adiala Jail. Later, he announced the establishment of a force. However, the proposal divided the PTI leadership, as some leaders questioned the rationale for the force. They questioned whether the PTI was going to form another ‘Al-Zulfikar’, a left-wing militant outfit formed by the sons of former PM Zulfikar Ali Bhutto in 1979.

According to the petition, the statement by a sitting chief minister to form such a force was not only shocking but in violation of the oaths he had taken as an elected member of a provincial assembly and as the provincial chief executive.

It noted that the constitutional prohibition against private militias under Article 256 of the Constitution, as well as the Private Militias (Abolition and Prohibition) Act, 1974, thereby necessitated the intervention of the FCC in anticipation of any such unlawful formation and acts associated thereto, the petition contended.

The petition emphasized that Article 5 of the Constitution imposed a fundamental duty of loyalty to the State and obedience to the Constitution and law upon every citizen, including those holding public office, and any action contrary thereto is ultra vires the Constitution.

It maintained that the statements made by chief minister KP indicate an intention to establish a force capable of exercising organised physical power, which constituted a clear violation of Article 256 of the Constitution, the petition argued, adding the Private Military Organizations (Abolition and Prohibition) Act, 1973 empowered the federal government to prohibit such private militias and prescribes penal consequences for the formation, organisation, training, equipping, or membership in such organisations.

The mobilisation and operationalisation of such a force raises serious questions as to how the chief minister intends to “secure the release” of Imran, the petition said.

Copyright Business Recorder, 2026