Pakistan Bulletin
An up-to-date and informed analyses of key issues of Pakistan.
From Immunity to Accountability: Arrest of Ex-Spymaster Signals a New Chapter in Civil Military Relations
August 2024
The arrest of former spymaster Lieutenant General (Retd) Faiz Hameed has raised many serious questions, but also suggests a positive change in Pakistan’s civil-military relations.
Pakistan has seen number of important contrasting developments on political front in recent weeks. These include a spike in terrorism cases, a successful women-led protest for Baloch citizens’ rights by the Baloch Yakjehtee Committee, and demonstrations against electricity tariff hikes by Jamaat-e-Islami in Islamabad.
Yet, amid these contrasting developments, the most politically consequential event has been the arrest of Lieutenant General (Retd) Faiz Hameed, a former Chief of the Inter-Services Intelligence (ISI), the country’s powerful intelligence agency. This arrest represents a profound shift in Pakistan’s civil-military relations, marking the first time in the country’s history that a former head of the ISI has been detained to be tried under court martial.
Traditionally, the military, particularly high-ranking officers and intelligence chiefs, have enjoyed significant immunity from legal action. However, in Hameed’s case, the Inter-Services Public Relations (ISPR), the media wing of the Pakistani military, has publicly stated that he was involved in activities against Pakistan’s interests both before and after his retirement. This kind of public accusation is unusual.
Hameed's close ties to the former Prime Minister party PTI, especially during his tenure as ISI chief, when the party was in power, have long been a point of controversy.
For the uninitiated, a brief background may provide context. Lt General (Retd) Faiz served as Director General in Pakistan spy agency ISI and later headed the institution. His name surfaced in many controversies. It is also a known fact that as head of ISI, General Faiz Hameed was considered very close to the former Prime Minister Imran Khan, who is currently also in jail.
Three-time former Prime Minister Nawaz Sharif named him as one of the characters behind his removal through a Supreme Court order. In November 2023, a property developer filed a petition in the Supreme Court accusing the then serving General Faiz for misusing his authority and raiding his residence back in 2017. Given the serious nature of the accusations, the Supreme Court directed the Attorney General of Pakistan to look into the matter which then prompted the military in action, which has now constituted an inquiry committee to pursue these allegations.
To understand Hameed’s arrest, we need to consider Pakistan’s current political situation. The arrest shows the close alignment between the current government and the military. Political commentators believe that this move could be seen as an attempt to show unity and control during a time of political, economic, and security instability. By taking this step, the government may be trying to demonstrate its strength.
As far as the military is concerned, the decision to arrest a former ISI chief may be intended to reinforce the message that the powerful institution is willing to hold itself accountable, thus projecting an image of transparency and accountability. At the same time, this move may also be aimed at curbing any potential dissent within the ranks, ensuring that the military remains cohesive and aligned with the broader strategic objectives of the state.
The arrest of Hameed also carries significant political implications, particularly for the Pakistan Tehreek-e-Insaf (PTI) and its ongoing conflict with the military establishment. The PTI has been at odds with the military since its leader Imran Khan’s ouster from power. The rift between the PTI and the establishment has only deepened, with both sides engaging in a highly polarized discourse.
After the arrest of Hameed, PTI appears to be caught in a difficult situation. Khan’s response to the arrest has been inconsistent; at times, he seems to defend Hameed, while at other times he describes the situation as an internal military matter. On the one hand, Khan has referred to Hameed as an asset to the nation; on the other, he has distanced himself from Hameed post-retirement, claiming that their contact was limited to the period when Hameed was the DG ISI, and Khan was the Prime Minister.
“Khan’s fluctuating stance on Hameed reflects his strategic uncertainty amid a deepening rift with the military,” argues an Islamabad-based political commentator. Khan also fears that he could be implicated in Hameed’s case in a military court, where he might be denied access to the media and other privileges typically afforded to civilian defendants.
Political commentators see this move as an attempt to show unity and control by the political government and military establishment during a time of political, economic, and security instability.
Commenting on the ongoing conflict between Imran Khan and the military leadership, a Lahore-based academic notes, this “struggle between populism and authoritarianism” has broader implications for Pakistan’s democracy and governance. On the one side, Khan’s populist message seeks to regain power and limit the military’s influence in politics. On the other, the military is determined to prevent any challenges from popular politicians like Khan.”
If it is not a move to strengthen existing power structures, the arrest of the former ISI chief can prove to be a step towards real accountability and democratic reform. However, the political and non-political leadership of Pakistan still has to demonstrate transparency in this matter, which is fundamental to accountability, and without which this action will continue to be seen as politically motivated.
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