On Monday, the military’s media wing stated that ex-intelligence head Faiz Hameed had been taken into army custody and would face court martial for his involvement in the Top City housing scheme scandal.
Court Martial history in Pakistan:
This is a historic first in Pakistan where a former intelligence chief is facing court martial.
“Complying with the orders of Supreme Court of Pakistan, a detailed court of inquiry was initiated by Pakistan Army to establish the veracity of complaints made against Lt Gen Faiz Hameed (Retd) regarding Top City case,” said an ISPR press release.
The statement noted that as consequence proper disciplinary measures have been launched against Lt Gen Faiz Hameed (Retd), under the provisions of Pakistan Army Act.
inquiry committee Report:
The reports said the military had constituted an inquiry committee in April to probe allegations of misuse of authority by the former head of the Inter-Services Intelligence. The media reports had said that the committee was formed by the military as an act of self-accountability and would be headed by a serving major general. They had said the committee was formed in the light of directives of the Supreme Court and the Ministry of Defense.
It was mentioned in the written order of November 14 that allegations of an “extremely serious nature” concerning the ex-spy boss, if proven true, “cannot be left unattended,” as they will damage the reputation of the country’s institutions.
The written order had said: “The allegations are of an extremely serious nature, and if true, undoubtedly would undermine the reputation of the federal government, the armed forces, ISI and Pakistan Rangers, therefore, they cannot be left unattended.” Management of the private housing scheme, Top City, had levelled grave allegations on the former ISI chief, claiming he had arranged a raid on the offices and residence of its owner, Moeez Khan.
Supreme Court and the housing Society:
It was in November 2023 that the Supreme Court had asked the housing society owner to approach relevant quarters, including the defense ministry, for redressal of his grievances against the former spymaster and his aides. The newly constituted inquiry committee will prepare its report in the light of its findings and present it before the relevant authorities, the reports had said. According to the then-interior minister, Rana Sanaullah, as of March 2023, an inquiry against the former ISI head and his brother for corruption and accumulation of assets beyond their means was underway. A court in Rawalpindi had remanded retired naib tehsildar Najaf Hameed, the brother of a former spymaster, to Adiala jail on a 14-day judicial remand in March 2024. Accused Najaf and co-accused persons had sought pre-arrest bail in the FIR registered with the Anti-Corruption Establishment ACE in Rawalpindi. The FIR said that former minister for mineral resources Hafiz Ammar Yasir acquired properties worth billions of rupees in the name of benamidars.
Sources claimed that Gen Hameed had decided to seek premature retirement and had submitted his resignation to the high command in November 2022. He was made the ISI chief in June 2019.He was the eye of the storm in the alleged standoff between the military and the PTI government over the appointment of Lt Gen Nadeem Anjum as the new chief of ISI in the last quarter of 2021.The army had announced on October 6, 2021, that Gen Hameed was appointed as the corps commander of Peshawar, while Lt Gen Anjum was appointed in his place. But it wasn’t until three weeks later that the Prime Minister’s Office issued any formal notification of Lt Gen Anjum’s appointment, triggering frenzied speculation about the strains in civil-military relations.After much delay, the PMO had eventually issued a notification on October 26, 2021, regarding Lt Gen Nadeem Anjum’s appointment as the new ISI chief. Imran had then claimed he never wanted to “bring his own army chief” and that he “never meddled” in the affairs of Pakistan Army.
Supreme Court Notice to Gen Hameed:
Gen Hameed was one of the six senior-most generals whose name was sent by General Headquarters to Prime Minister Shehbaz Sharif in November 2022, for approval to the list of potential candidates for the two top military offices. Prior to taking charge as commander Bahawalpur corps, Gen Hameed had served as commander Peshawar. He has been at the center of many controversies in the country’s political landscape during the last decade. The name of Gen Hameed came into the limelight when he had played a role in ending the Faizabad dharna by Tehreek-i-Labbaik Pakistan in November 2017 through an agreement. The Supreme Court had taken a notice of the incident in February 2019 and ordered the ISI, the Intelligence Bureau, Military Intelligence, and the Inter-Services Public Relations not to go beyond their “respective mandates”. He had been at the receiving end of hard-hitting criticism from PML-N supreme leader Nawaz Sharif and his daughter Maryam Nawaz for his alleged role in their convictions and patronization of the previous set-up under the PTI.
Former IHC judge Shaukat Aziz Siddiqui had in July 2018 leveled serious allegations against personnel of a security agency for tampering with judicial proceedings. He went on to say that the agencies approached the IHC CJ for ensuring that Nawaz and Maryam remain behind bars till the elections. The judge was subsequently sacked. He had however mentioned a number of retired army generals and some former judges as parties in the case against his removal in December 2023.
Hamid Khan’s Amendment in Petition:
Senior counsel Hamid Khan had moved an amended application before the Supreme Court to name as respondents in his petition former army chief Qamar Javed Bajwa, Gen Hameed, three retired brigadiers — Irfan Ramay, Faisal Marwat and Tahir Wafai — as well as a former chief justice of the IHC, Anwar Khan Kasi, and a former registrar of the Supreme Court, Arbab Muhammad Arif. Gen Hameed had claimed in his response to the petition that the judge had unnecessarily dragged him into the case and rejected allegations of his involvement in the constitution of the IHC benches to prolong the detention of Nawaz and Maryam. Former human rights minister Riaz Pirzada claimed, also in February 2023, that Gen Hameed wanted to bring the outlawed Tehreek-i-Taliban Pakistan back into the country.
Back in May 2023, former federal minister Faisal Vawda labeled him as the “architect, mastermind, and biggest beneficiary” of the Al-Qadir Trust case. It has been claimed in the petition that former prime minister Imran Khan and his wife were given billions of rupees along with the land worth hundreds of kanals by Bahria Town Ltd for legalising Rs50 billion that was later identified and returned to the country by the UK during the tenure of PTI’s government.
Raid on Residence of Moeez:
According to the petition, on 12th May 2017, the Pakistan Rangers along with the officials of ISI raided the office of Top City and the residence of Moeez and took away all the valuables, including gold and diamond ornaments and money, in connection with a purported case of terrorism. The petition went on to say that the incident was meditated and an attempt was made at a resolution by the brother of Gen Hameed, Sardar Najaf. As soon as he was declared acquitted, the petition claimed, Gen Hameed contacted Moeez through the latter’s cousin — a brigadier in the army — to arrange a meeting.
The petition claimed that at a meeting, Gen Hameed informed the petitioner that he would return all the items taken away during the raid except 400 tola gold and cash. As per the petition, retired brigadier Naeem Fakhar and retired brigadier Ghaffar of ISI allegedly “forced” the petitioner to “pay 4 crores in cash” and “sponsor a private AAP TV network for a few months”. Former ISI officials Irtiza Haroon, Sardar Najaf, Wasim Tabish, Zahid Mehmood Malik, and Mohammad Munir have also been “involved in the illegal takeover of the housing society”, according to the petition.