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This piece was originally published in Dawn on August 13th, 2024.
• ‘Appropriate’ disciplinary action started against retired ISI chief following inquiry in Top City case on SC-referred complaint
• Faiz Hameed in custody, ISPR announces; says multiple instances of Army Act violation after his retirement have been ‘established’
ISLAMABAD: In an unprecedented step, the army on Monday announced the arrest of retired Lt Gen Faiz Hameed, the previous head of the premier Inter-Services Intelligence (ISI) agency, on allegations of violating the Army Act.
“The process of Field General Court Martial has been initiated and Lt Gen Faiz Hameed (Retd) has been taken into military custody,” Inter-Services Public Relations (ISPR) said in a statement.
The move, prompted by allegations of misconduct levelled by the owner of a private housing society, shatters the long-standing perception that spy chiefs are untouchable in the country where generals have long wielded unparalleled influence.
The army cited a November 2023 directive from the Supreme Court of Pakistan, which instructed Kanwar Moeez Khan, owner of Islamabad’s Top City housing society, to seek redressal of grievances against Gen Hameed through relevant channels, including the Ministry of Defence, as the basis for initiating action against the former spymaster.
Moeez Khan had approached the Supreme Court over a raid conducted by Pakistan Rangers and ISI officials on his property and residence on May 12, 2017 during which valuables, including gold and diamond ornaments along with money, were allegedly taken away on the pretext of a terrorism investigation.
According to the petitioner, the raid was orchestrated by Gen Hameed. Moeez Khan had further accused two retired ISI brigadiers of coercing him into paying a substantial cash sum and sponsoring a private TV network.
The ISPR said, “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). Consequently, appropriate disciplinary action has been initiated against Lt Gen Faiz Hameed (Retd), under provisions of Pakistan Army Act.”
It further alleged that “multiple instances of violation of Pakistan Army Act post retirement have also been established.”
No details of those violations were given leading to speculations about what the charges could be.
According to a source, Gen Hameed was taken into custody a few days back from Rawalpindi when he was summoned for a meeting by a senior military official.
Experts’ views
Military lawyer Omer Farouk Adam, while talking to Dawn, pointed out that the army can take action against retired servicemen for violations of the Army Act within six months of retirement as per Section 92 of the Act.
However, for actions taken beyond this period, charges must first be framed in a civilian court before court martial proceedings can commence.
Col Inamur Rahim, another expert in military law, argues that offences falling under sections 31 and 40 of the Army Act have been given exception to this six-month rule, allowing for court martial proceedings to be initiated regardless of the timeframe.
Section 31 pertains to “mutiny and insubordination”, while Section 40 covers “fraudulent offence in respect of property”. However, it is not certain whether these sections have applied against Gen Hameed or not.
Gen Hameed chose to retire in November 2022 when Gen Asim Munir took the reins as the new army chief.
Gen Hameed’s background is equally significant in the political landscape of Pakistan. He served as the director general of the ISI from 2019 to 2021 and was known for his close ties to former prime minister Imran Khan.
His removal from the ISI chief position in 2021 is believed to have resulted in the rift between Mr Khan and the military establishment, which culminated in the ex-prime minister’s ousting in 2022 through a vote of no-confidence.
Gen Hameed’s tenure as ISI chief also brought him into the international spotlight, especially following his visible presence in Kabul during the Afghan Taliban’s takeover in 2021 — a critical moment after the withdrawal of US and other Western forces.
As the court martial proceedings commence, the focus will be on the implications for military discipline and the broader political repercussions in Pakistan.
Published in Dawn, August 13th, 2024
