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Former ISI DG Faiz Hameed's arrest sends a strong message to PTI supporters that Imran Khan's culpability for the May 9, 2023 violence could well be drawn within the purview of military courts, especially if General Hameed turns approver to save his skin, explains Rana Banerji, who headed the Pakistan desk at RA&W.
The arrest of former director general, Inter Services Intelligence (ISI) Lieutenant General Faiz Hameed (retd) and initiation of a Field General Court Martial (FGCM) of Enquiry against him marks a watershed in the somewhat chequered history of accountability of those in power in Pakistan, especially army generals, who have never really met their desserts.
This would be the first time that an ISI chief is being court-martialled.
It all started in May 2017, when Kunwar Moeez Khan, owner of Top City, a private housing scheme in Islamabad, was approached for a back door plot/flat allotment and on showing reluctance to oblige had his office and residence raided by ISI officials, ostensibly at General Faiz Hameed's behest, during which valuables, including gold, diamonds and money, were seized and allegedly, an amount of Rs 4 crore cash were extorted from him.
Though efforts were made to hush up the case through contacts on behalf of the DG,ISI and his brother, Najaf Hameed, a revenue tehsildar in Chakwal, matters eventually reached Pakistan's supreme court in November, 2023.
In its order dated November 14, a three judge bench headed by Chief Justice Qazi Faiz Isa said the allegations against former spymaster retired General Faiz Hameed were of an 'extremely serious nature' and 'cannot be left unattended', as they would undermine the reputation of the country's institutions if proven to be true.
The supreme court asked the owner of the housing society to approach (external link) the defence ministry for redressal of his grievances.
On August 12, 2024, an Inter Services Public Relations (ISPR) press release revealed 'Complying with the orders (external link) of Supreme Court of Pakistan, a detailed court of inquiry was undertaken by Pakistan Army to ascertain correctness of complaints', adding, 'Consequently, appropriate disciplinary action has been initiated against Lieutenant General Faiz Hameed (Retd), under provisions of Pakistan Army Act.'
The military had reportedly formed an inquiry committee, headed by a serving major general, in April 2024 to investigate the allegations.
Importantly, the ISPR statement further said, 'In addition, multiple instances of violation of Pakistan Army Act post-retirement have also been established. (Thereafter), the process of Field General Court Martial has been initiated and Lieutenant General Faiz Hameed (Retd) has been taken into military custody'.
This additional proviso clearly reveals the direction of the unfolding drama which may lead to Faiz Hameed's possible denouement.
The hostility between Faiz Hameed and General Syed Asim Munir dates back to even before the latter was appointed army chief in November 2022 and was director general, military intelligence.
Faiz Hameed was from the Baloch regiment, one of then army chief, General Qamar Javed Bajwa's favourites.
He was brought in as DG, ISI in June 2019, replacing Asim Munir, when the latter displeased then prime minister Imran Khan by bringing to his notice allegations of corruption/collusion between the his wife Bushra Bibi and then Punjab chief minister Usman Buzdar.
Faiz Hameed quickly ingratiated himself with Imran Khan, so much so that when Bajwa posted him to XI Corps, Peshawar, to do his mandatory corps command, Imran would not let him go!
When the army chief's succession took place, by a quirk of fate, Asim Munir, then quartermaster general, was placed senior most among three star generals.
His retirement date was deferred by two days, just before Bajwa retired.
This badly affected chances of the 76th Pakistan military academy (PMA) course of generals, including Faiz Hameed, to ascend to the army chief's slot.
Munir was from the Officers Training School (OTS) recruitment stream, not a regular PMA inductee.
The OTS was a feeder stream started in 1948 to meet the shortage of officers. It was stopped in 1992.
Though not overtly stated, a 'caste system' prevails in the Pakistan army, where PMA long course recruits are considered superior or better professionals than OTS officers, though Munir's was not the first case of an OTS recruit becoming army chief.
Two generals from the 76th PMA, Azhar Abbas and Faiz Hameed, put in their retirement papers in protest.
What compounded the bitterness was Faiz Hameed's post-retirement contacts with Imran Khan who was leaving no stone unturned in pejorating serving generals, by referring to them in public meetings as 'neutrals' and betrayers like 'Mir Jaffer'.
Suspicions abounded of his possible involvement, along with Imran Khan, in instigating the May 9, 2023 violence against military installations, including the arson at the Lahore corps commander's residence.
After Imran Khan was arrested in August 2023, evidence surfaced of Faiz Hameed's interactions with different factions of the Pakistan Tehrik e Insaf (PTI), whose leaders were meeting Imran in the Adiala jail.
They complained about Faiz Hameed's overbearing instructions.
On July 21, PTI Spokesperson Raoof Hassan and Chairman Gohar Khan were arrested from the PTI's Islamabad office and accused of peddling anti-State propaganda.
It is believed access obtained to Raoof's phone records may have further corroborated links about Faiz Hameed's dabbling with PTI functionaries, especially those active in social media denigrating the army chief.
Apart from being a bold step by General Asim Munir against corruption in higher echelons of the army, Faiz Hameed's arrest sends a strong message to PTI supporters that Imran Khan's culpability for the May 9, 2023 violence could well be drawn within the purview of military courts in the near future, especially if Faiz Hameed turns approver to save his skin.
The matter of trial of civilians by military courts is still pending before the supreme court.
Lines of confrontation between the higher judiciary and the military establishment remain drawn against one another in Pakistan.