Ex-spymaster Gen Faiz Hameed faces court martial

ISLAMABAD:

In an unprecedented move, the country’s former spymaster, Lt-Gen (retd) Faiz Hameed, was detained by military authorities and court martial proceedings have been initiated against him on charges of corruption, misuse of authority and violating the Pakistan Army Act.

“Complying with the orders of Supreme Court of Pakistan, a detailed court of inquiry was undertaken by Pakistan Army, to ascertain correctness of complaints in Top City case made against Lt-Gen (retd) Faiz Hameed. Consequently, appropriate disciplinary action has been initiated against Hameed, under provisions of Pakistan Army Act,” read a statement issued by military’s media wing, the Inter-Services Public Relations (ISPR) on Monday.

“In addition, multiple instances of violation of Pakistan Army Act post retirement have also been established. The process of Field General Court Martial has been initiated and Gen Faiz has been taken into military custody,” the statement added.

Given the powerful position of head of ISI, it is seen as unusual that the former spymaster was not only arrested but court martial proceedings have been initiated against him.

The charges against Gen Faiz date back to May 2017 when he was DG-C in the ISI.

In April, the army constituted a high-level inquiry committee headed by a major general to look into the allegations against Gen Faiz.

The inquiry was ordered in pursuant to the orders of the Supreme Court and in the light of the directives of the Ministry of Defence.

This was the first formal inquiry ordered against Gen Faiz, who resigned in November 2022 four months before his retirement date. Gen Faiz served as DG C in the ISI and later headed the spy agency. His name surfaced in many controversies including the Faizabad Dharna case. Three-time former prime minister Nawaz Sharif named him and Gen Bajwa as main characters behind his removal through a Supreme Court decision.

Charges against Faiz

On November 8, 2023, Moeez Ahmed Khan, the owner of Top City, filed a petition in the Supreme Court in which he accused Gen Faiz for misusing his authority.

The petition stated that on May 12, 2017, on the behest of Gen Faiz, ISI officials raided the Top City office and his house. During the raid, valuables, including gold, diamonds and money, were seized from the house by ISI officials, the petitioner alleged.

The petition also stated that Sardar Najaf, the brother of Gen Faiz, also contacted him to resolve the issue later.

The petition also claimed that Gen Faiz later personally met him to resolve the issue, in which he assured that some of the items which had been taken away by the ISI officials during the raid would be returned. However, 400 tolas of gold and cash will not be returned to him.

The petition also alleged that the ISI officials extorted Rs4 crore cash from them.

Considering the sensitivity of the matter and in view of these serious allegations, a three-judge bench of the Supreme Court, which included Chief Justice of Pakistan Justice Qazi Faiz Isa, Justice Athar Minallah and Justice Aminuddin, heard the case.

The Supreme Court observed this was a very serious matter and the serious nature of allegations may damage the image of the entire institution, therefore the matter cannot be ignored. The Supreme Court asked the attorney general to look into the matter and discuss with the relevant authorities.

The Attorney General for Pakistan assured the Supreme Judiciary that full cooperation will be given to the matter and action will be taken according to law.

Following the direction, the army constituted the inquiry committee to look into the matter.

What next?

The procedure for a Field General Court Martial in the military consists of three phases.

The process begins with a Court of Inquiry against any serving or retired officer. In the second phase, a 'summary of evidence' is recorded, and if there is sufficient evidence and the offense is proven, a Field General Court Martial is conducted.

The punishment depends on the nature of the offense and can include demotion in rank, revocation of privileges, imprisonment with hard labour, and even the death penalty.

The fact that court martial proceedings have already begun against Gen Faiz means that there is enough evidence against the former spy chief.

Who is Gen Faiz?

Gen Faiz was considered one of the most powerful ISI chiefs in Pakistan’s history. Before becoming the head of the spy agency, he was DG-C in the ISI, one of the most influential positions within the intelligence service.

Unlike other spymasters, Gen Faiz remained in the headlines as he never shied away from publicity.

He rose to global spotlight when he was seen drinking tea at a hotel in Kabul soon after the fall of Kabul at the hands of Afghan Taliban in August 2021.

He was considered close to former prime minister Imran Khan and his close proximity to the PTI leader was believed to have been one of the major reasons of civil-military tussle at the time.

Khan wanted to continue with Gen Faiz as head of ISI but then army chief General Qamar Javed Bajwa was adamant to replace him. Gen Bajwa eventually succeeded but Khan could serve only a few months in office after that as he was removed from power through a vote of no-confidence.

Some observers believe that the arrest and subsequent court martial of Gen Faiz is not good news for Khan as the former prime minister may be implicated in more cases.

Military's accountability process is rigorous and ongoing: DG ISPR

Meanwhile, the Director General of Inter-Services Public Relations (DG ISPR) Lt-Gen Ahmed Sharif Chaudhry has emphasised that the military's self-accountability system is a strict, transparent, and continuous process that operates without bias.

In a statement, the DG ISPR reiterated the rigorous nature of accountability within the military, a point he had previously detailed during a press conference on May 7. He highlighted that this internal process is automatic and always active, ensuring that no one is exempt from scrutiny.

“The higher the rank, the greater the responsibility, and the more stringent the accountability,” the DG ISPR said, underscoring the fairness and seriousness of the process.

He further stated, “We take pride in our accountability system, which functions not on allegations but on facts.”