From sedition to espionage: Key court martial cases in Pakistan

Notable cases such as those of Lt-Gen Faiz Hameed underline the impact of court martials on military and politics

Court martials in Pakistan have been instrumental in enforcing discipline and accountability within the armed forces. These proceedings address allegations of misconduct and significantly impact the political and military landscape.

The recent high-profile case involving Lt-Gen (retd) Faiz Hameed, former chief of the Inter-Services Intelligence (ISI), underscores the intense scrutiny applied to senior military officials.

Hameed faces court martial proceedings under the Army Act related to the Top City housing scheme case, highlighting the ongoing oversight of high-ranking officers' conduct.

Here is a review of notable court martial cases that have shaped Pakistan’s military and political spheres:

Major (retd) Adil Farooq Raja

Major (retd) Adil Farooq Raja was sentenced to 14 years of imprisonment with hard labour on October 7, 2023. He was convicted by a Field General Court Martial (FGCM) for inciting mutiny among military personnel. Raja faced charges under the Pakistan Army Act, 1952, as well as the Pakistan Penal Code (PPC 1860), Prevention of Electronic Crimes Act (PECA 2016), and Anti-Terrorism Act (ATA 1997) for sedition, defamation, and terrorism. Additionally, he was tried in absentia after failing to appear in court despite multiple summonses.

Captain (retd) Haider Raza Mehdi

Captain (retd) Haider Raza Mehdi was sentenced to 12 years of imprisonment with hard labour on October 9, 2023. He was convicted by the FGCM for similar charges as Raja, including inciting mutiny and offenses under the PPC 1860, PECA 2016, and ATA 1997. Mehdi was also tried in absentia, with his personal assets confiscated and his name placed on the Exit Control List.

Lt Col (retd) Akbar Hussain

Lieutenant Colonel Akbar Hussain was convicted and sentenced by a Field General Court Martial (FGCM) under the Pakistan Army Act, 1952, for inciting sedition among army personnel. Hussain faced charges of sedition and terrorism for his alleged role in violence and vandalism during protests following the arrest of PTI founder Imran Khan in 2023.

Naik Muhammad Hussain Janjua

In 2018, Naik Muhammad Hussain Janjua was court-martialed for espionage and leaking sensitive information. He was sentenced to death, a decision later upheld by the Chief of Army Staff, underscoring the serious nature of security breaches.

Brigadier Ali Khan

Brigadier Ali Khan was court-martialed in 2012 for alleged affiliations with Hizbut Tahrir and conspiring against the government and army. He received a five-year prison sentence, reflecting the strict stance on conspiracies within the military.

Lt Col (retd) Shahid Bashir

In 2011, Lieutenant Colonel (retd) Shahid Bashir was court-martialed for links to Hizbut Tahrir and accused of espionage, including leaking secrets of the Shamsi Air Base. He was convicted and sentenced to three years of rigorous imprisonment and dismissal from service.

Major General Zaheerul Islam Abbasi

In 1995, Major General Zaheerul Islam Abbasi was court-martialed and sentenced to seven years imprisonment for attempting a coup d'état against former prime minister Benazir Bhutto’s government. The plot included plans to storm military headquarters and assassinate key figures, demonstrating the severe consequences for high-ranking officers involved in attempts to overthrow the government.

Brigadier Mustansir Billah

Brigadier Mustansir Billah was court-martialed and sentenced to 14 years imprisonment for his role in a 1995 coup attempt against Benazir Bhutto’s government. Allegedly the mastermind behind the failed coup, Billah’s case highlighted the military’s internal challenges and political instability of the time.

The 1995 military conspiracy case

On September 26, 1995, Col Inayatullah, Col Muhammad Azad, Major General (retd) Zaheerul Islam Abbasi, Brigadier Mustansir Billah, and approximately 38 other military officers were arrested for plotting to overthrow Prime Minister Benazir Bhutto’s government. The alleged conspiracy involved plans to storm the General Headquarters in Rawalpindi, assassinate key political and military figures, and establish a Khilafat with Major General Abbasi as Amir. The plot was exposed by Qari Saifullah Akhtar, a conspirator turned approver.

Major General Tajammul Hussain Malik

Major General Tajammul Hussain Malik, who served as the General Officer Commanding of the 23rd Division during the 1971 Indo-Pakistani War, was court-martialed in 1980 for involvement in a failed coup attempt against General Ziaul Haq’s regime. The court-martial was overseen by the Judge Advocate General Branch, led by General Ziaul Haq.