The Pakistani Army has appointed former chief of the Inter-Services Intelligence (ISI) Lt. Gen. (Retd.). Faiz Hameed to take custody and field general against them Court Martial It has been announced to start the process.
Army on Monday Department of Public Relations In a statement issued by the ISPR, disciplinary action has been announced under the provisions of the Army Act in compliance with the orders of the Supreme Court of Pakistan.
In a statement released by ISPR, Faiz Hameed has been referred to the complaints of the owner of Top City Housing Society and action against him under the Army Act violations after his retirement.
Types of Court Martial
According to Article 80 of the Pakistan Army Act, there are four different types of Courts Martial which include General Courts Martial, District Courts Martial, Field General Courts Martial and Summary Courts Martial.
On the orders of the Federal Government or Army Chief, an officer is authorized to convene a Field Court Martial and Field General Court Martial must have at least three officers.
What crimes can be punished?
Any serving or retired military officer can be convicted of 35 types of offences.
These crimes include association with enemies of the country, activities against the residents or property of the country where one is stationed, raiding one’s house or place for the purpose of looting and many other crimes.
Article 60 of the Pakistan Army Act regarding punishments in courts-martial provides details.
According to Article 60 of the Pakistan Army Act, various punishments can be given to persons guilty of crimes by court-martial.
A court martial can impose stoning, death penalty, amputation and life imprisonment.
According to this act, the punishment is imprisonment for 25 years and a maximum of one hundred lashes and dismissal from service by court-martial.
In addition, all allowances may be forfeited.
Procedure for remission of sentence
After being sentenced by a court-martial, the federal government or an officer of the army chief or brigadier rank may, with the permission of the army chief, remit the whole or part of the sentence, provided that any sentence which has been imposed under limitations shall not be remitted. Neither can be reduced.
How many lieutenant generals have been court martialed in Pakistan so far?
Faiz Hameed is the third lieutenant general of Pakistan Army who has been court martialed. Earlier Lt Gen Retd Javed Iqbal was sentenced to life imprisonment by a court martial on 30 May 2019, but later the sentence was commuted and he was released on 29 December 2023.
Apart from this, the former head of ISI, Lieutenant General retired Asad Durrani has also been court martialed. On February 22, 2019, it was reported by ISPR that Lt Gen Retd Asad Durrani’s pension and others have been confiscated after a court martial.
Opinions of jurists on the action against Faiz Hameed
According to jurist Amjad Hussain Shah, Section 31 of the Army Act allows action against military officers and personnel for inciting mutiny. While Section 40 deals with action against military personnel guilty of financial corruption and fraud. If there are such allegations against any military officer or official, court martial proceedings can be taken against him even after retirement.’
According to defense analyst Brigadier Ghazanfar Ali, the trial of the accused in army courts is the same as in constitutional courts. Since General Faiz has been an officer, the three-member army court will also be headed by a senior officer. If the charge is proved, severe punishment can also be given under the Army Act.
Islamabad Housing Society Top City Owner Mueez Ahmed Khan’s Mataq On 12 May 2017, Pakistan Rangers and ISI personnel raided Top City’s office and the residence of Mueez Ahmed Khan and tortured his family. Made it.’
On the announcement of the action against the retired General Faiz Hameed by the army, there is a debate on the social media including the political circles.
Defense analyst Brigadier Retired Ghazanfar Ali while talking to Independent Urdu said that ‘General Faiz Hameed is accused of exceeding authority or what ISPR said regarding the violation of the Army Act. There is a system in which decisions are made in accordance with the law in the light of both sides’ positions and evidence through courts martial.’
According to Ghazanfar Ali, ‘When there is a complaint against an officer, first an inquiry is made and then a court-martial is recommended. For officers, the trial is conducted by a three-judge military court headed by an officer of senior rank. Meanwhile, the accused is also given the full right to defend himself, in which he can present any defense lawyer of his choice. However, if the charges are proved in the light of evidence and witnesses, punishment is determined. Army Courtsman cases are disposed of as soon as possible.’
Former Vice-Chairman Pakistan Bar Council Amjad Hussain Shah while talking to Independent Urdu said that ‘hearings in military courts are held in the army’s own offices and the second is that the army court does not issue a decision on conviction, but a report on it. Jack is sent to the branch. This is the military’s own department for judicial matters. In the light of the report received from the Army Court, Jack Branch recommends the punishment of the accused under the applicable provisions of the Army Act. Then the sentence is pronounced with the approval of the competent authority.’
According to Amjad Shah, ‘The allegations leveled against Faiz Hameed in the ISPR statement, if proved, may result in termination of service, loss of privileges and imprisonment. However, the allegation of violating the Army Act, i.e. working against the integrity of the country or rebelling against them after retirement, is very serious. If it is proved, life imprisonment or even death penalty is possible.’
Amjad Shah further explained that an appeal can be made to the army chief first against the sentence handed down by the army court, if it is rejected there, the accused also has the right to approach the Supreme Court. The Supreme Court can also declare the decision null and void and has the power to uphold it.
What is the Top City case?
In the political scenario of Pakistan, especially after 2013, General Retired Faiz Hameed has been appearing in various political matters. Be it PTI’s dharna, TLP’s Faizabad dharna or the 2018 general elections, the political leaders also accused him of interference in the Senate elections during the Tehreek-e-Insaf regime.
But when the issue of Top City came to light, there was a lot of buzz in the media.
In November 2023, Moeez Ahmed Khan, owner of Top City Housing Society, filed a petition in the Supreme Court accusing former DG ISI Lt Gen Retired Faiz Hameed of abuse of power.
The petition filed by Mueez Ahmed Khan stated that on May 12, 2017, ‘former DG ISI Emma’s office and house in Top City Islamabad were raided by Secret Service officials. During the raid, the ISI officials seized a number of valuables including gold, diamonds, and money from his house and ISI officials also took four crores of rupees from him.
The hearing on this application was conducted by Chief Justice Qazi Faiz Isa, Justice Athar Manullah and Justice Aminuddin.
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The court ordered an inquiry against General Faiz Hameed, following which the Pakistan Army announced in April 2024 to form a committee headed by Major General to investigate the former DGISI. On the recommendation of the same committee, Faiz Hameed was taken into custody and court martialed.
During the hearing on this petition, it came to light that the Human Rights Cell of the Supreme Court has also dealt with another case related to the said housing society. When Chief Justice Qazi Faiz Isa asked for the relevant records, the court was told that former Chief Justice Saqib Nisar had ordered to destroy all the records before leaving office.
The court also held that the petitioner can file a case in a civil or criminal court against General (Rtd) Faiz Hameed and other retired officers for malicious prosecution.
The petition by the owner of Top City also took the stand that Faiz Hameed’s family members were tortured and abducted during a raid at their house. After being released from 40-day illegal detention, his father-in-law died while Faiz Hameed refused to return 400 tala of jewelery and huge cash taken from the house. He also said that we are constantly being pressured for reconciliation.
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2024-08-14 15:03:45
