Court Martial Proceedings Against Former DG ISI Lt. Gen (R) Faiz Hameed Initiated

The Inter-Services Public Relations (ISPR) of the Pakistan Army has announced that court martial proceedings have been initiated against former DG ISI, Lieutenant General (R) Faiz Hameed. This, however, is not the first instance of such action. The Pakistan Army follows a well-established accountability system under which several military officers have faced strict accountability in the past.

Previous Action Against Former ISI Chief General (R) Asad Durrani

Before General (R) Faiz Hameed, former ISI Chief General (R) Asad Durrani faced disciplinary action under military law.

• Position: General (R) Asad Durrani served as ISI Chief in the 1990s and was appointed DG Military Intelligence in 1988.
• Asghar Khan Case: Following the Asghar Khan case, where allegations of political interference by ISI’s political cell emerged, he was recalled from ISI to GHQ. Allegations of his continued interference in political affairs led to his early retirement.
• Book with Former RAW Chief: In February 2019, action was taken against him after he co-authored a book with a former chief of India’s intelligence agency (RAW). His rank, pension, and military privileges were revoked, and his name was placed on the Exit Control List (ECL).
• Court Intervention: The Islamabad High Court later ordered the removal of his name from the ECL.

Difference Between Cases of Faiz Hameed and Asad Durrani

Defense analyst Dr. Qamar Cheema highlighted a key difference in the two cases. The action against General Durrani was driven by demands from civil society, political parties, and the judiciary, while in General Faiz Hameed’s case, the military itself has initiated the proceedings.

Other Major Court Martial Cases in the Past

1. Lieutenant General Javed Iqbal (2019)
   • Allegation: Espionage
   • Punishment: Life imprisonment, forfeiture of all benefits, pensions, and property.
2. Brigadier Rizwan (2019)
   • Allegation: Maintaining links with foreign entities.
   • Punishment: 14-year prison sentence.
3. Major General Zaheer-ul-Islam
   • Issue: Faced disciplinary action under criminal charges in Siachen.
   • Outcome: Dismissed from service, with all benefits and privileges revoked.
4. Engineer Colonel Shahid
   • Allegation: Espionage at Shamsi Airbase.
   • Outcome: Dismissed from the military.
5. Major General Tajammul Hussain (1995)
   • Punishment: 14-year prison sentence.
6. Brigadier Mustansar Billah and Four Other Officers (1995)
   • Charge: Rebellion.
   • Punishment: 14 years in prison with the seizure of all benefits, pensions, and privileges.
7. Former Corps Commander Mangla, Ayman Bilal
   • Accusation: Political involvement.
   • Outcome: Compulsory retirement and departmental action.
8. Lt. Col. Akbar Hussain, Major (R) Adil Raja, and Haider Mehdi
   • Charge: Running anti-army campaigns on social media.
   • Punishment: 14-year prison sentence, and all their properties in Pakistan were seized.

May 9, 2023 Incident and Disciplinary Action

Following the events of May 9, 2023, action was taken against around 15 military officers for negligence. The list includes:

• Former Lahore Corps Commander
• Two Major Generals
• Five Brigadiers
• Colonels, Majors, and other officers

Legal Basis for Court Martial

The Official Secrets Act of 1923 provides the legal framework for these actions. The act prescribes a maximum sentence of 14 years imprisonment or death, with a minimum sentence of 2 years imprisonment and a fine.

Analysis

The Pakistan Army’s internal accountability system has been a topic of much debate. However, the recent action against Lt. Gen. (R) Faiz Hameed reflects a shift, as the military itself has initiated proceedings against one of its former top officials. This distinguishes it from previous cases like that of General (R) Asad Durrani, where external pressure from civil society and courts played a major role.