Abdul Basit Alvi
The Pakistan Army has a noteworthy Field General Court Martial system that applies uniformly to all ranks without discrimination. Recent Field General Court Martial proceedings involving a retired Army General have sparked speculation, partly due to public unfamiliarity with the process. Understanding the Field General Court Martial procedure is essential to clear up any confusion. It consists of three stages: before the commencement, during the process, and after completion. In the initial stage, a summary of evidence is recorded, including statements from prosecution and defense witnesses and the accused. The accused has the opportunity to cross-examine witnesses, and a provisional charge sheet is prepared. The evidence summary is then forwarded to the Judge Advocate General’s Department to initiate the case. The Judge Advocate General drafts a detailed report based on the recommendations, leading to the preparation of a charge sheet. Subsequently, an order is issued by the relevant authorities to convene a Field General Court Martial session.
In the second stage, known as the Trial Stage, the Field General Court Martial process begins. This involves establishing the court, swearing in the president and other members, and granting the accused the right to select a counsel of their choice. Additionally, the accused is provided with a Defense Officer, who assists in guiding the case. During this stage, both the prosecution and defense counsel present their cases before the court, witness statements are recorded under oath, and prosecution witnesses are subjected to cross-examination. Witnesses can be fully cross-examined during this stage. The defense counsel is also cross-examined, and the accused’s statement is recorded. At this point, both the prosecution and defense counsel discuss the witness statements, and after all cross-examinations are completed, the court deliberates on its decision. Once the Field General Court Martial hearing is concluded, the court submits all proceedings to the Judge Advocate General Department for further investigation and legal review. After this scrutiny, the findings and proceedings are forwarded to the relevant competent authority for confirmation. If the sentence involves imprisonment with hard labor, the offender is handed over to the jail authorities. Upon confirmation of the sentence by the Chief of Army Staff or relevant authorities, the offender has the right to appeal the sentence within forty days. The offender can also request clemency from the Chief of Army Staff, who may reduce or waive the sentence entirely.
The Pakistan Army’s court-martial system is essential for upholding discipline and accountability, particularly among senior officers. Historically, high-profile cases involving senior military personnel have demonstrated the army’s commitment to maintaining high standards of conduct. For example, after the 1958 coup led by General Ayub Khan, martial law was imposed, and senior officers who opposed the new regime faced court-martial proceedings. These court-martials, aimed at consolidating the new government’s control, resulted in demotions, imprisonments, and dismissals, helping to solidify the new military order. Similarly, following the 1999 Kargil Conflict, senior officers were scrutinized for their decisions and actions. Post-conflict reviews led to several court-martial proceedings for officers involved in the operation, such as Brigadier General (Retd.) Amir, who faced court-martial for operational failures. The resulting punishments, including retirement in disgrace and reprimands, underscored the army’s commitment to addressing operational shortcomings and maintaining accountability. The 2011 Abbottabad raid by U.S. Navy SEALs, which resulted in the death of Osama bin Laden, sparked substantial controversy and led to intense scrutiny of Pakistan’s military and intelligence services. Although the raid occurred in 2011, subsequent reviews led to court-martials for senior officers accused of security and intelligence failures. Following the Abbottabad incident, several high-ranking officers faced court-martial proceedings for their inability to detect and prevent the operation. Investigations focused on the conduct of the officers responsible for security in the area, with punishments including dismissals and formal reprimands. The proceedings were part of a wider effort to address security lapses and restore trust in military oversight. In 2017, a major corruption scandal involving high-ranking military officials emerged, with allegations of fund mismanagement and procurement irregularities. The Pakistan Army responded with thorough investigations, resulting in several court-martials. Officers found guilty faced punishments such as demotion, dismissal, and imprisonment; for instance, Major General (Retd.) Shahid was dismissed and faced legal consequences for financial misconduct. This underscored the army’s zero-tolerance stance on corruption. In 2019, Brigadier (Retd.) Nadeem faced court-martial for operational misconduct and authority misuse, resulting in his dismissal and a formal reprimand. In 2022, Lieutenant General (Retd.) Asim Bajwa was court-martialed for financial misconduct and mismanagement, leading to his dismissal and legal actions. The recent court-martial of a former Corps Commander further demonstrated the army’s commitment to accountability and transparency. In a recent press briefing, DG ISPR revealed that an application concerning the Top City case involving Lieutenant General (Retired) Faiz Hameed was received through the Ministry of Defense. The application, dated August 12, indicated that the Army discovered breaches of the Army Act by the retired officer both during and after his service, leading to the initiation of court-martial proceedings. DG ISPR underscored that the Pakistan Army does not support any political party or agenda. However, the self-accountability system is activated if any member attempts to pursue a political agenda for personal gain. He stressed that the accountability process is transparent, evidence-based, and impartial. The Faiz Hameed case demonstrates the Army’s commitment to addressing violations driven by personal or political motives lawfully and without bias. He assured that actions will be taken against anyone involved in the case, regardless of their status, with full rights to legal representation and cross-examination. Lt. Gen. Ahmad Sharif noted that such stringent self-accountability serves as a model for other institutions, illustrating that misuse of one’s position for personal or political gain will not be tolerated.
At the recent Corps Commanders’ Conference, the Army Chief also reiterated the importance of strict accountability, affirming that no one is above the process, and this commitment enhances national pride and recognition of the Army’s proactive stance.
