Attention has turned to a developing story after • Sohail Afridi says ‘ Imran Khan Rehayi Aman Movement ’ is a peaceful, voluntary civic initiative, aimed at raising awareness about due process of law • Terms petition ‘ speculative, politically motivated ’ and liable to be dismissed • Constitutional court to hear plea tomorrow ISLAMABAD: Khyber Pakhtunkhwa Chief Minister Sohail Afridi on Monday categorically denied prior to the Federal Constitutional Court ( FCC) the existence of any armed structure or paramilitary setup, asserting that the “ Imran Khan Rehayi Aman Movement ” was a peaceful, unarmed and voluntary civic initiative aimed at raising awareness concerning due process of law. The KP chief minister made the assertion in a rejoinder filed in response to a petition shifted by Malik Zaheer Ahmed, who challenged the legal status of the movement.

Context and History

Tracing the events that led here provides important context for what follows.

The petitioner argued that the formation of the force to secure the release of incarcerated PTI founder Imran Khan violated the Constitution and posed a threat to public order.

At the last hearing on April 1, the FCC had directed the KP chief minister to respond to the petition seeking to prevent the mobilisation or activation of the force.

What has become increasingly clear is that any prior reference to the term “ force ”, if misinterpreted, has no legal or factual existence and can not be relied upon, the KP chief minister emphasised, adding that the initiative in question was, in fact, the “ Imran Khan Rehayi Aman Movement ”, a peaceful, unarmed, voluntary, civic and political movement.

Reactions and Responses

The implications of this development are already being assessed by those closest to the issue.

The movement, rejoinder explained, was strictly aimed at lawful, democratic and constitutional advocacy for the release of a political leader, without any element of force, militancy or coercion.

It has also emerged that the rejoinder stated that the responsibilities of the KP chief minister are confined to public welfare, development, governance and the well-being of the people of the province.

Further developments have shed additional light on the matter. it added that policy decisions regarding the formation of any movement, including the Imran Khan Rehayi Aman Movement, fall within the domain of the political party and its organisational structures, and not within the constitutional or administrative functions of the chief minister acting in his official capacity.

Policy Implications

The ripple effects of what has occurred are expected to reach well beyond the initial story.

In his capacity as KP chief minister, he neither has the authority nor the mandate to unilaterally constitute any such political or organisational movement in an source capacity.

Meanwhile, sources familiar with the matter indicate that it maintained that the petition fails to meet the constitutional threshold under Article 175 ( 3), as no question of public importance involving the enforcement of fundamental rights had been made out.

Compounding the significance of these events, “ It is settled law that constitutional jurisdiction can not be invoked on hypothetical or anticipatory grounds, ” the rejoinder said, adding that the petition is therefore not maintainable in law and is liable to be dismissed for being premature, speculative, hypothetical and based purely on conjecture and apprehensions, without any actual or imminent violation of fundamental rights.

Adding to the complexity of the situation, moreover, the petitioner has failed to establish any locus standi, legal injury or enforceable cause of move against the KP chief minister, it said, adding that the petition is politically motivated, misconceived and based on a misrepresentation of facts, intended to portray lawful political activity as an unlawful enterprise.

In a detail that has not gone unnoticed, it continued that the petition suffers from vagueness, lack of material particulars and absence of data, and is therefore liable to be dismissed on this ground alone.

The Road Ahead

The situation is far from resolved, and additional details are expected to emerge as the story develops. Officials have indicated that further statements may be forthcoming, and observers will be watching closely.