He contends that the matter pertains to the political leadership and does not involve the provincial bureaucracy
ISLAMABAD:
As the Federal Constitutional Court (FCC) resumes hearing today (Tuesday) on a petition concerning the alleged “Imran Khan Rehai Force,” the Khyber-Pakhtunkhwa chief secretary has asked the court to remove him as a respondent.
In a concise statement submitted before the court, he contended that the matter pertains to the political leadership and does not involve the provincial bureaucracy or government machinery.
The chief secretary submitted the statement in response to a petition filed under Article 175E of the Constitution by Islamabad-based advocate Malik Zaheer Ahmed through Advocate Ali Nawaz Kharal.
The petitioner sought a declaration that the formation or mobilisation of the so-called “Imran Khan Rehai Force” was prohibited. It contended that any attempt to constitute, organise or mobilise such a private force or militia would be illegal, unconstitutional and in violation of Articles 5, 17 and 256 of the Constitution as well as the Private Military Organisations (Abolition and Prohibition) Act, 1973.
On April 1, the FCC sought a response from K-P Chief Minister Sohail Afridi within 10 days regarding the alleged formation of the PTI founder’s “release force.”
After nearly three months, the matter has now been fixed for hearing again. A three-member FCC bench headed by Chief Justice Amin-ud-Din Khan is scheduled to resume hearing of the case today.
The chief secretary stated that the issue raised in the petition relates to statements made by the political leadership in its political capacity and does not entail any administrative process through the bureaucratic side of the government or involve the use of government resources or machinery.
He further submitted that the petitioner had not alleged any action or inaction on his part; therefore, no cause of action had been made out against him.
The chief secretary argued that the FCC possesses ample powers to delete him as “Respondent No 2” from the constitutional petition, describing him as an unnecessary party to the proceedings.
“There is no legal impediment to the acceptance of the instant application and, in order to save the precious time of this court, it is just and proper that Respondent No 2 (K-P chief secretary) be deleted/excluded as a respondent in this case,” the statement said.
