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Appeal filed against ex-spymaster Faiz Hameed’s conviction by military court: lawyer

ISLAMABAD: Former chief of Inter-Services Intelligence (ISI) Faiz Hameed‘s lawyer confirmed to Dawn on Monday that an appeal had been filed against the ex-spymaster’s sentencing by a military court.

“Yes, we have appealed his sentencing,” Hameed’s lawyer, Mian Ali Ashfaq, told Dawn but did not share any details about the appeal.

Hameed was sentenced to 14 years rigorous imprisonment by a military court on December 11 after being convicted on four counts related to violating secrecy laws, engaging in political activities, misuse of authority and causing harm to others.

He had a 40-day window following his conviction and sentencing to appeal against the Field General Court Martial (FGCM) decision.

According to Section 133B of the Army Act, a person to whom a court-martial has handed out a sentence of imprisonment exceeding three months may appeal against their conviction to a court of appeals “consisting of the [chief of the army staff concurrently the chief of the defence forces] or one or more officers designated by him in this behalf”.

Additional review by the federal government is possible under Section 131. Meanwhile, constitutional petitions can be filed by Hameed and his lawyers on grounds such as jurisdictional defects or violation of due process under Article 199 of the Constitution.

Hameed’s sentencing

Announcing his conviction and sentencing on December 11, the military’s media wing had said in a statement that the process of FGCM was initiated against Hameed on August 12, 2024 under provisions of the Pakistan Army Act, spanning over 15 months.

“After lengthy and laborious legal proceedings, the accused has been found guilty on all charges and sentenced to 14 years rigorous imprisonment,” Inter-Services Public Relations (ISPR) had said.

ISPR had further stated that the “involvement of convict (Hameed) in fomenting vested political agitation and instability in cohorts with political elements and in certain other matters is separately being dealt with”.

Hameed was referred to in the statement as “Mr Faiz Hameed, formerly a lieutenant general”, creating the impression he may have been stripped of his rank, although ISPR did not explicitly confirm this.

A source familiar with internal procedures told Dawn at the time any such withdrawal “is done through an administrative order” as per established rules, but declined to confirm whether it had occurred in this case.

Case background

Hameed, who retired in November 2022, is the first former ISI director general and only the second three-star general in Pakistan’s history to face a full military trial and be sentenced to a jail term.

The case originated from accusations by property developer Kanwar Moeez Khan, who alleged that in 2017, when Hameed, then a major general in ISI, and two officers orchestrated a raid at his home and offices, seized valuables and coerced him into paying Rs40 million and financing a private television channel. The matter resurfaced in 2023 when the Supreme Court advised the complainant to seek remedies through the defence ministry, leading to a formal military inquiry.

While the Army Act typically allows action against retired personnel within six months of retirement, the proceedings reportedly invoked Section 2(d), which extends military jurisdiction to certain offences committed by persons not subject to military law, though exceptions were also available under Sections 31 and 40, which permit court martial regardless of time elapsed for offences involving mutiny, insubordination or fraudulent acts related to property.

A Court of Inquiry convened in April 2024 found grounds to proceed, leading to Hameed’s arrest on August 12 of that year. He was subsequently served a detailed charge sheet covering four categories of alleged misconduct: post-retirement political engagement; violations of the Official Secrets Act; misuse of authority, including the 2017 raid; and causing wrongful loss through coercive actions against Moeez.

The investigation was later widened to include several retired officers, among them retired Brig Ghaffar, retired Brig Naeem Fakhar and retired Col Asim, although the verdict did not state what determination the FGCM made regarding them.



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