Former director general of the Inter-Services Intelligence (ISI) Lt-Gen (retd) Faiz Hameed was formally charged with engaging in "political activities, violations of Official Secret Act (OSA), and misuse of authority and government resources", the military said on Tuesday.
In the past, the heads of the country's premier intelligence agency have been accused of overstepping their authority but have never been held accountable. Gen Faiz is the first former ISI DG to have been indicted for his alleged involvement in political activities.
The military's media wing, through an official handout, confirmed that the former spymaster, who had been taken into custody in August by military authorities on a directive of the Supreme Court, was not only being tried on charges of misuse of authority but also for his involvement in political activities.
The most significant charge against Gen Faiz includes his involvement in the May 9, 2023 incidents – the violent countrywide protests that had broken out after former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan had been arrested from the premises of a court in Islamabad.
PTI supporters had marched towards the Corps Commander's house in Lahore and staged protests outside the General Headquarters (GHQ) in Rawalpindi and outside military installations at several other locations. They had ransacked the Corps Commander's house and tried to storm the GHQ.
Imran, who had appeared before the Supreme Court a few days later, had denied his involvement in violent protests but stopped short of condemning his supporters' violent reaction.
There had been speculation that the protests were part of a well-thought-out strategy orchestrated by Gen Faiz to trigger political instability and unrest in the country. The press release from Inter-Services Public Relations (ISPR) on Tuesday finally confirmed the speculation.
"On 12 August 2024, process of FGCM [Field General Court Martial] was initiated against Lt Gen Faiz Hamid (Retd) under provisions of Pakistan Army Act," read the press release issued by the ISPR.
"In first place Lt Gen Faiz Hameed (Retd) has been formally arraigned on charges of engaging in political activities, violations of Official Secret Act detrimental to safety and interest of the state, misuse of authority & government resources and causing wrongful loss to a person(s)," it read.
"During the process, involvement of Lt Gen Faiz Hamid (Retd), in events related to creating agitation and unrest, leading up to multiple incidents including but not limited to 9th May 2023 incident for fomenting instability; at the behest of and in collusion with vested political interests, is also being separately investigated. Lt Gen Faiz Hamid (Retd) is being afforded with all legal rights as per the law."
With Gen Faiz now being formally investigated for his involvement in May 9 and other incidents, it is likely that the jailed former prime minister would also be implicated in the case. He has already been indicted in May 9 case.
Gen Faiz had been taken into custody on August 12, after being summoned for a meeting with military officials, over allegations of misconduct levelled by the owner of a private housing society. It had been an unprecedented move in the history of Pakistan as the ISI chief had until then been considered untouchable.
Given the powerful position of the head of the ISI, it is seen as unusual that the former spymaster has not only been arrested but court martial proceedings have been initiated against him. The charges against Gen Faiz date back to May 2017 when he had been DG-C in the ISI.
In April, the army had constituted a high-level inquiry committee headed by a major general to look into the allegations against Gen Faiz. The inquiry had been ordered pursuant to the orders of the Supreme Court and in 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 had served as a DG-C in the ISI and later headed the spy agency.
His name has surfaced in many controversies, including the Faizabad sit-in case. Three-time former prime minister Nawaz Sharif had named him and Gen Bajwa as the 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', had filed a petition in the Supreme Court in which he had accused Gen Faiz of misusing his authority. He had stated that, on May 12, 2017 at the behest of Gen Faiz, ISI officials had raided the 'Top City' office and his house.
During the raid, the petitioner alleged, valuables, including gold, diamonds and money, had been seized from his residence by ISI officials. The petition also stated that Sardar Najaf, the brother of former Gen Faiz, had contacted him to resolve the issue later.
The petitioner claimed that Gen Faiz had later met him personally to resolve the issue and had assured him that some of the items taken away by the ISI officials during the raid would be returned. However, he claimed, 400 tolas of gold and cash were not returned to him.
The petitioner also alleged that the ISI officials had extorted Rs40 million in cash from him. In his petition, Moeez Ahmed Khan also accused various other ISI officials as well as Gen Faiz's brother Sardar Najaf.
Considering the sensitivity of the matter and in view of the serious allegations, a three-judge bench of the Supreme Court, which had included the then chief justice Qazi Faiz Isa, Justice Athar Minallah and Justice Aminuddin Khan, had heard the case.
The Supreme Court had observed that it was a very serious matter which could not be ignored. The court had asked the Attorney General for Pakistan (AGP) to look into it and discuss it with the relevant authorities. The AGP had assured the court that action would be taken according to the law. Following the directive, the Army had constituted an inquiry committee to look into the matter.
What next?
The procedure for an 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 offence is proven, an FGCM is conducted.
The punishment depends on the nature of the offence and could 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 had been enough evidence against him.
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 had been the DG-C in the ISI, one of the most influential positions within the intelligence service.
Unlike other spymasters, Gen Faiz had remained in the headlines as he has never shied away from publicity. He was considered close to former prime minister Imran Khan and the close proximity to the PTI leader was believed to have been one of the major reasons for the civil-military tussle at the time.
Imran had wanted Gen Faiz to continue as the head of the ISI but the then army chief General Qamar Javed Bajwa had been adamant on replacing him. Gen Bajwa had eventually succeeded but Imran could subsequently serve only a few months in the office, being removed from power through a vote of no-confidence.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ