Gen Faiz Hameed faces court martial

Former spymaster taken into military custody on charges of corruption, misuse of authority

ISLAMABAD:

In an unprecedented move, a former spymaster of the country was detained by military authorities and court martial proceedings were initiated against him on charges of corruption, misuse of authority and violating the Pakistan Army Act, according to a military statement on Monday.

Given the powerful position of the head of the Inter-Services Intelligence (ISI), the proceedings against Lt-Gen (retd) Faiz Hameed and his arrest are seen as unusual. The charges against Gen Faiz dated back to May 2017, when he was the DG-C in the country's premier intelligence agency.

"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 Faiz Hameed (retd), read a statement issued by the Inter-Services Public Relations (ISPR).

"Consequently, appropriate disciplinary action has been initiated against Lt General Faiz Hameed (retd), under provisions of Pakistan Army Act. 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 Lt Gen Faiz Hameed (Retd) has been taken into military custody," the statement added.

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 defence ministry.

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 served as the director general of the spy agency.

His name surfaced in many controversies including the Faizabad dharna case. The three-time former prime minister Nawaz Sharif named him and Gen Bajwa as the main characters behind his removal from the government through a Supreme Court decision.

Charges

On November 8, 2023, Moeez Ahmed Khan, the owner of the Top City, filed a petition in the Supreme Court in which he accused Gen Faiz of misusing his authority. The petition stated that on May 12, 2017, at the behest of Gen Faiz Hameed, ISI officials raided the Top City office and his house.

During the raid, the petition alleged, valuables, including gold, diamonds and money, were seized from his house by ISI officials. The petition also stated that Sardar Najaf, brother of former Gen Faiz Hameed, 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 but 400 tolas of gold and cash would not be returned to him. He alleged that the ISI officials also extorted Rs40 million cash.

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 Qazi Faez Isa, Justice Athar Minallah and Justice Aminuddin, heard the case.

The Supreme Court observed that it was a very serious matter and the serious nature of allegations might damage the image of the entire institution, therefore, the matter could not be ignored. The court asked the attorney general to look into the matter and discuss it with the relevant authorities.

The attorney general for Pakistan had assured the court that full cooperation would be extended in the matter and action would be taken in accordance with the 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 (FGCM) 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, the FGCM 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 the 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 Pakistan Tehreek-e-Insaf (PTI) leader was believed to have been one of the major reasons of civil-military tussle at that time.

Imran wanted to continue with Gen Faiz as the head of ISI but then army chief Gen Qamar Javed Bajwa was adamant to replace him. Gen Bajwa eventually succeeded but Imran 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 a good news for Imran as the former prime minister may be implicated in more cases.