FCC to hear PTI ‘Release Force’ and May 9 cases on July 29

The Federal Constitutional Court (FCC) has fixed July 29 for hearing two important petitions linked to Pakistan

The Federal Constitutional Court (FCC) has fixed July 29 for hearing two important petitions linked to Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan. The hearings come at a time when PTI is preparing to launch a nationwide campaign demanding the release of its founding chairman.

A three-member bench headed by Chief Justice Aminuddin Khan will hear a petition challenging the proposed formation of what has been described as the “Imran Khan Release Force.” On the same day, the bench will also hear another petition concerning the Khyber Pakhtunkhwa government’s decision to withdraw selected criminal cases related to the May 9, 2023 violence.

The first constitutional petition argues that the formation or mobilisation of any organisation under the title of the “Imran Khan Release Force” would be unconstitutional and contrary to Pakistani law. The petitioner has requested the court to declare such an organisation illegal, arguing that private forces or militias are prohibited under the Constitution and relevant legislation.

The petition also states that citizens and public office holders are constitutionally bound to remain loyal to the state and act within the framework of the law. It argues that any attempt to organise a private force would violate constitutional principles and existing legal provisions.

The issue first came before the court after public statements were made earlier this year regarding the creation of a movement aimed at securing Imran Khan’s release. At that time, the court sought a response from the Khyber Pakhtunkhwa chief minister. The matter has now been scheduled for detailed hearing after several months.

However, some legal experts have disputed the interpretation presented in the petition. They argue that the term “Release Force” refers to a political campaign or public movement seeking Imran Khan’s release rather than the creation of any armed organisation. According to their view, there is no proposal to establish a private militia, and the movement has no official connection with the provincial government.

The same bench will also hear a petition filed by the Pakistan Broadcasting Corporation (PBC) concerning the attack on Radio Pakistan Peshawar during the May 9 unrest. The petition requests that the criminal case be transferred from Khyber Pakhtunkhwa to an anti-terrorism court in Islamabad or another province to ensure an impartial trial.

The petitioner argues that political influence and executive interference could affect the fairness of judicial proceedings if the case continues within the province. Earlier, the Federal Constitutional Court issued an interim order preventing the withdrawal of certain May 9-related cases while the matter remains under consideration.

Officials from the Khyber Pakhtunkhwa Law Department have questioned that interim order. They maintain that the provincial government had not yet filed any formal application before the anti-terrorism court seeking withdrawal of cases. According to provincial authorities, the cabinet had only approved the withdrawal of cases considered politically motivated or those lacking sufficient evidence.

Provincial officials have stated that 23 out of 29 terrorism-related cases linked to the May 9 incidents have already been decided. They also said that 285 of the 319 cases registered in ordinary courts have been concluded, while the remaining cases are still under trial.