ISLAMABAD: The army announced on Tuesday that a military court has indicted the former head of Inter-Services Intelligence (ISI) on three charges: misusing his position of responsibility, breaking anti-espionage regulations, and participating in political activities.
In a statement, the military’s public affairs arm, Inter-Services Public Relations (ISPR), said, “Lt Gen Faiz Hameed (retd) has been formally arraigned on charges of engaging in political activities, violating the Official Secret Act detrimental to safety and interest of the state, misusing authority and government resources, and causing wrongful loss to a person(s).” The former intelligence chief’s trial before a Field General Court Martial (FGCM) has begun with the indictment.
On August 12, the military announced the start of FGCM procedures against Gen. Hameed, who has been detained since August, on allegations of wrongdoing and Army Act violations brought by the owner of a private housing company.
The case against Gen. Hameed was brought about by a Supreme Court decision in November 2023 that ordered petitioner Moeez Ahmed Khan, the proprietor of the Top City housing society in Islamabad, to file complaints with the Ministry of Defense and other relevant parties.
Mr. Khan had claimed that during a search on his property on May 12, 2017, Pakistan Rangers and ISI agents seized cash, gold, and jewels under the guise of a counterterrorism investigation. Since Gen. Hameed is the first former ISI chief and the second three-star general to be subject to court martial proceedings, this is one of the most well-known court martial cases in Pakistan Army history.
A court of inquiry and a summary of the facts, which serve as the foundation for drafting charges, are followed by an indictment under military law. Gen. Hameed will be permitted to retain legal counsel after his indictment. The ISPR declared, “Lt Gen Faiz Hameed (retd) is being afforded all legal rights as per the law.” Mian Ali Ashfaq has been selected by Gen. Hameed to represent him in defense.
A three-member jury, presided over by a major general, will hear testimony from the prosecution and defense. Gen. Hameed will have the chance to speak, and witnesses will be subjected to cross-examination. The verdict, which legal experts estimate might be rendered in a matter of weeks, will be preceded by closing arguments from both parties.
The allegations against the former spymaster under the Official Secrets Act, a colonial-era law designed to combat espionage and the unapproved dissemination of confidential material, create interesting questions, according to military law specialist Omer Farouk Adam. Furthermore, he thought that considering the military’s history of interfering in domestic matters, the accusation of political engagement may open a can of worms.
According to the ISPR, Gen. Hameed was also being investigated for allegedly taking part in the May 9 disturbances, which resulted in the destruction of landmarks and military sites.
“Lt. Gen. Faiz Hameed (retd) is also being investigated separately for his involvement in events related to agitation and unrest that led to multiple incidents, including but not limited to May 9, 2023, for fomenting instability at the behest of and in collusion with vested political interests,” the statement read.
There was some conjecture that Gen. Hameed may testify against former Prime Minister Imran Khan, who is currently detained on a number of crimes. Analysts, however, contend that the indictment indicates that this option has been eliminated.
