Former intelligence chief Faiz Hameed has been taken into military custody and the process for his court martial has been initiated in connection with the Top City housing scheme scandal, the army’s media wing said on Monday.

The development is a first in the country’s history where a court martial has been initiated against a former spymaster.

“Complying with the orders of Supreme Court of Pakistan, a detailed court of inquiry was undertaken by Pakistan Army, to ascertain correctness of complaints in Top City case made against Lt Gen Faiz Hameed (Retd),” said a press release issued by the Inter-Services Public Relations (ISPR).

It added: “Consequently, appropriate disciplinary action has been initiated against Lt Gen Faiz Hameed (Retd), under provisions of Pakistan Army Act.”

“In addition, multiple instances of violation of Pakistan Army Act post-retirement have also been established. The process of Field General Court Martial has been initiated and Lt Gen Faiz Hameed (Retd) has been taken into military custody,” the ISPR further said.

The military had reportedly formed an inquiry committee in April to investigate allegations of misuse of authority against the former head of the Inter-Services Intelligence (ISI).

Media reports had said the committee was formed by the military as a gesture 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 Defence.

In its written order issued on November 14, the apex court had said that allegations of an “extremely serious nature” against ex-spymaster retired Lt-Gen Faiz Hameed “cannot be left unattended” as they would undermine the reputation of the country’s institutions if they were proven to be true.

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.”

The management of Top City, a private housing scheme, had levelled grave allegations against the former ISI chief, claiming that he had orchestrated a raid on the offices and residence of its owner, Moeez Khan.

In November 2023, the Supreme Court had asked the owner of the housing society to approach the relevant quarters, including the defence ministry, for the 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 to the relevant authorities, the reports had said.

In March 2023, then-interior minister Rana Sanaullah said that a probe was underway against the ex-ISI boss and his brother over alleged corruption and accumulating assets beyond means.

In March 2024, a Rawalpindi court had sent retired naib tehsildar Najaf Hameed, brother of the former spymaster, to Adiala jail on a 14-day judicial remand. Najaf, along with co-accused persons, had sought pre-arrest bail in the FIR registered with the Anti-Corruption Esta­b­l­i­shment (ACE) in Rawalpindi. The FIR had alleged that former minister for mineral resources Hafiz Ammar Yasir acquired properties worth billions of rupees in the name of benamidars.

Government reaction

Reacting to today’s development, Sanaullah told Geo News that it was a “very unusual event and I don’t think there is any example of this present before at this level.”

He said the government was aware that an inquiry was underway against the former spy chief and his name cropped up regarding other affairs as well, which, Sanaullah said, could have impacted today’s development as well.

“People had very little hope or the idea that action would be taken at this level,” he said, adding that the move would add to the military’s repute and confidence for having a system of accountability “no matter the position”.

Meanwhile, Defence Minister Khawaja Asif said while speaking in an interview on Geo News show ‘Aaj Shahzeb Khanzada Kay Sath’: “Gen Faiz has definitely had a hand in the events on the political scene since his retirement. Knowing him a little bit, he could not abstain and had to muddle the waters.”

He further said: “For a person who exercised immense and unlimited power to take a backseat causes ulcers to them.”

Asif reiterated that Gen Hameed had a “directly more” role in events since his retirement. He also claimed the former spymaster “could have had a role in what happened on May 9”, referring to the nationwide riots that broke out last year on PTI founder Imran Khan’s arrest.

“I can’t say with certainty but events do point the finger towards him.”

Retirement and controversial past

Gen Hameed had opted to seek early retirement and sent his resignation to the high command in November 2022, according to unnamed sources. He was made the ISI chief in June 2019.

He was the eye of the storm in an alleged standoff between the military and the PTI government over the appointment of Lt Gen Nadeem Anjum as the new chief of the ISI in the last quarter of 2021.

The army had announced on October 6, 2021, that Gen Hameed was appointed the Peshawar corps commander, while Lt Gen Anjum was appointed in his place. But the Prime Minister’s Office (PMO) had not issued an official notification of Lt Gen Anjum’s appointment until three weeks later, leading to frenzied speculation of strains in civil-military relations.

After delays, the PMO had eventually notified the appointment of Lt Gen Nadeem Anjum as the new ISI chief on Oct 26, 2021. Imran had later said he never wanted to “bring his own army chief” and that he “never meddled” in Pakistan Army’s affairs.

Gen Hameed was among the six senior-most generals whose name was included by General Headquarters in the list of potential candidates for the two top military offices, sent to Prime Minister Shehbaz Sharif for approval in November 2022.

Before assuming charge as Bahawalpur corps commander, Gen Hameed had worked in the same position in Peshawar.

The former spymaster has been the subject of many controversies in the country’s political landscape for the past decade.

Gen Hameed’s name first caught the public eye when he helped end the Faizabad dharna by the Tehreek-i-Labbaik Pakistan in November 2017 through an agreement.

In a suo motu notice of the incident, the Supreme Court in February 2019 had ruled that the ISI, the Intelligence Bureau, Military Intelligence, and the Inter-Services Public Relations “must not exceed their respective mandates”.

He had been the target of strong criticism from PML-N supreme leader Nawaz Sharif and his daughter Maryam Nawaz for allegedly having a role in their convictions and for backing the previous set-up under PTI.

In July 2018, former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui had made serious allegations against personnel of a security agency, claiming that they were manipulating judicial proceedings. He also claimed the agencies approached the IHC chief justice to ensure Nawaz and Maryam remained behind bars for the elections. The judge was subsequently sacked.

However, in December 2023, he had named a number of retired army generals, as well as some former judges, as parties in the case against his removal.

Senior counsel Hamid Khan, on behalf of the ex-judge, 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 rejected the allegations of his involvement in the constitution of the IHC benches to prolong the detention of Nawaz and Maryam in his response to the petition, claiming that the judge had dragged him into the case for no reason.

Furthermore, then-human rights minister Riaz Pirzada claimed in February 2023 that Gen Hameed wanted to bring the outlawed Tehreek-i-Taliban Pakistan (TTP) back to the country.

In May 2023, former federal minister Faisal Vawda accused Gen Hameed of being the “architect, mastermind, and biggest beneficiary” of the Al-Qadir Trust case.

The case alleges that former prime minister Imran Khan and his wife obtained billions of rupees and land worth hundreds of kanals from Bahria Town Ltd for legalising Rs50 billion, which was later identified and returned to the country by the UK during the tenure of the PTI government.

Petition

As per the petition, on May 12, 2017, the Pakistan Rangers and officials of the ISI raided the office of Top City and Moeez’s residence and took away valuables, including gold and diamond ornaments and money, in connection with a purported terrorism case.

The petition further stated that Gen Hameed’s brother Sardar Najaf mediated and tried to resolve the issue. After his acquittal, 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 during the meeting, Gen Hameed told the petitioner that he would return some of the items taken away during the raid except for 400 tola gold and cash.

The petition claimed that retired brigadier Naeem Fakhar and retired brigadier Ghaffar of the ISI allegedly “forced” the petitioner to “pay 4 crores in cash” and “sponsor a private AAP TV network for a few months”.

As per the petition, former ISI officials Irtaza Haroon, Sardar Najaf, Wasim Tabish, Zahid Mehmood Malik, and Mohammad Munir were also “involved in the illegal takeover of the housing society”.