- Faiz Hamid’s counsel Mian Ali Ashfaq files plea against verdict.
- Ex-ISI chief files plea 16 days after sentence was announced.
- FGCM sentenced Hamid to 14 years of rigorous imprisonment.
Former Inter-Services Intelligence (ISI) director general Lt Gen (retd) Faiz Hamid has filed an appeal against his Field General Court Martial (FGCM) verdict 16 days after it was announced, challenging the sentence awarded to him.
The FGCM had sentenced the former spy chief to 14 years of rigorous imprisonment on charges related to violation of the Official Secrets Act, misuse of authority, and violation of the Pakistan Army Act due to alleged political activities, among other allegations.
Hamid’s counsel, Barrister Mian Ali Ashfaq, while talking to ‘The News’, said the legal team had formally submitted the appeal on December 27, within the time allowed under the law.
As per the law, a convict has 40 days to file an appeal after the announcement of an FGCM verdict and sentence. Section 133B of the Pakistan Army Act governs the right of appeal following a court-martial conviction. It provides that once a sentence is awarded by an FGCM, the convicted person may file an appeal within the prescribed period, generally 40 days.
Under this section, the appeal is examined by a Court of Appeals constituted by the Army Chief and headed by a senior officer, usually of the rank of major general or above. After this review, the Army Chief has the legal authority to confirm, reduce, modify, suspend, or set aside the conviction or sentence.
Well-placed sources told ‘The News’ that the appeal is based on the grounds that the conviction is unlawful, arbitrary and against settled principles of law, as it is founded on misreading and non-reading of evidence, material contradictions in the prosecution case, and unreliable prosecution testimony.
The appeal states that the prosecution failed to prove its case beyond a reasonable doubt and that mandatory safeguards of a fair trial were ignored during the proceedings.
The sources said the appeal further maintains that the FGCM judgement suffers from grave procedural irregularities, lack of lawful jurisdiction, and non-compliance with mandatory provisions of law, rendering the conviction unsafe, perverse and liable to be set aside.
According to the sources, the appellant has prayed that the judgment and conviction be set aside in their entirety and that he be acquitted of all charges. The appeal also seeks suspension of the sentence and release on bail during the pendency of the appeal. The appellant has further requested any other relief deemed just and proper in the circumstances, sources added.
It is important to note that the Inter Services Public Relations (ISPR) announced Faiz Hamid’s court martial verdict on December 11 through an official press statement.
According to the statement, the FGCM proceedings were initiated against the former ISI DG on August 12, 2024, under the provisions of the Pakistan Army Act, and the process spanned more than 15 months.
The ISPR said that after lengthy and laborious legal proceedings, Faiz Hamid was found guilty on all charges and sentenced to 14 years of rigorous imprisonment. It maintained that the court-martial was conducted strictly in accordance with applicable laws and procedures.
The military’s media wing further said that Faiz Hamid’s alleged involvement in fomenting political agitation and instability, in coordination with certain political elements, is being dealt with separately. It clarified that these matters are not part of the concluded court martial proceedings and will be addressed through a separate legal process.
Originally published in The News
