• Three-judge bench gives 10 days to CM Afridi
• Petitioner refers to constitutional prohibition against private militias, seeks stay on formation of Imran force
• Notices issued to federal and provincial govts, PTI and ECP

ISLAMABAD: The Federal Const­i­t­utional Court (FCC) on Wedne­sday directed Khyber Pakhtunkhwa Chief Minister Sohail Afridi to respond within 10 days to a petition seeking to prevent the mobilisation or activation of a ‘release force’ for incarcerated PTI founder Imran Khan.

A three-judge FCC bench, headed by Chief Justice Aminuddin Khan, also issued notices to the respondents in the petition — the KP and federal governments, PTI and the Election Commission of Pakistan (ECP).

Advocate Ali Nawaz Kharral, the petitioner, pointed out that CM Afridi had on Feb 18 made a public statement — widely disseminated in the press, electronic and social media — about forming the “Imran Khan Release Force” to secure the release of the PTI founder from Adiala jail.

During the hearing, when Justice Ali Baqar Najafi inquired whether the provincial cabinet had granted permission for the formation of such a force, the petitioner responded in the negative. The FCC asked the federal government to ensure that the law was not violated and that the public at large was protected.

Advocate Kharral pleaded before the FCC that he was filing the petition in the public interest, seeking the court’s intervention to prevent the formation or mobilisation of any private force or militia in violation of the Constitution. The petition also sought a stay on the formation of such a force.

The petition

The petition argued that the statement by a sitting chief minister to form such a force was not only shocking but also in violation of the oath he had taken as an elected member of a provincial assembly under Article 65, read with Article 127 of the Constitution, as well as the oath under Article 130(5) of the Const­itution as the KP chief minister, whereby he pledged to bear true faith and allegiance to Pakistan and to act in accordance with the Constitution and in the interest of the sovereignty, integrity, solidarity and well-being of the country.

The petition recalled that in the past, similar terminology of a “rele­ase force” had been used by different political parties, which led to the emergence or perception of militant wings associated with political groups.

Although such a force has not yet been formally constituted or operationalised by the PTI, the public announcement regarding its inten­ded formation, organisational structure, and mobilisation has generated grave concern among the general public, creating an atmosphere of fear, uncertainty, unrest, and panic regarding the intent, purpose, and possible effect of such a force, in light of the chief minister’s statement.

Private militias

The petition also referred to the constitutional prohibition against pri­v­ate militias under Article 256 of the Constitution, as well as the Priv­ate Militias (Abolition and Prohibition) Act, 1974, thereby necessitating the intervention of the FCC in anticipation of any such unlawful formation and related actions, it contended.

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

Article 17 of the Constitution guarantees freedom of association but expressly subjects this right to “reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan, public order, or morality”, the petition noted, adding that the formation of a private force or militia clearly falls outside permissible association.

Likewise, Article 256 of the Constitution explicitly prohibits private organisations capable of functioning as military or paramilitary forces, declaring any such organisation illegal.

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

The mobilisation and operationalisation of such a force raises serious questions as to how the KP chief minister intends to “secure the release” of Imran Khan, including potential obstruction of the judicial process, pressuring the judiciary, executive, and other state organs, or coming into direct conflict with state institutions.

Whether the objective of the force would be to overawe the judiciary and executive or whether it could turn into an armed movement pitching law enforcement agencies against members of the public are all questions that have arisen in the minds of the petitioner as well as the general public, the petition said.

Published in Dawn, April 2nd, 2026