Faiz's counsel says no decision yet on making Gen Bajwa defence witness

ISLAMABAD: Will the former army chief Gen (R) Qamar Javed Bajwa be called to testify as a defence witness in the court martial proceedings against Lt Gen (R) Faiz Hamid, the former head of the ISI? The legal team representing the former spymaster has denied any decision on the matter so far.

Former DGISI Lt Gen (R) Faiz Hamid was arrested on August 12, 2024. The ISPR later confirmed that a field general court martial (FGCM) had been initiated against him. On December 10, the retired general was formally indicted, and his trial in the military court officially began that day onward.

Sources claim several hearings of Lt Gen (R) Faiz Hamid’s field general court martial (FGCM) have taken place so far. The prosecution is currently presenting its witnesses, after which the defence team will call its witnesses.

Sources also confirmed that if Gen Qamar Javed Bajwa is summoned by the court, he will appear, as he is legally obligated to do so.

The former spymaster has attended every hearing of the field general court martial, as it is mandatory for the FGCM accused. Sources also claim that the former spymaster is physically fit and in good health.

The News reached out to General Faiz Hamid’s lead counsel, Mian Ali Ashfaq, to confirm whether the list of defence witnesses has been finalised and to ask how long the FGCM is expected to take before a verdict.

Below is the detailed conversation between this correspondent and General Faiz Hamid’s lead counsel, Mian Ali Ashfaq, took place through WhatsApp messages.

This correspondent asked Mian Ali Ashfaq about claims by some legal experts familiar with court martial proceedings, who believe it could take over a month to reach a verdict in General Faiz Hameed’s FGCM due to the time required for cross-examination of prosecution and defence witnesses. Responding to the question, Ashfaq said, “Only those with personal knowledge of the case or awareness of the case policy can comment on it.” He added, “Cross-examination is a routine procedure, and it naturally takes time.”

Lt Gen (R) Faiz Hamid’s counsel was also asked if the list of defence witnesses had been finalised and who would be presented in his defence. Mian Ali Ashfaq replied, “Once the prosecution presents its full evidence, we will decide on our witnesses. We will make our decision about the defence witnesses after the prosecution completes the recording of its witnesses. It’s still an early stage, and the stage for presenting defence witnesses has not arrived yet.”

This correspondent also asked Mian Ali Ashfaq if Lt General (R) Faiz Hamid or his legal team would invite General (R) Qamar Javed Bajwa as a defence witness. Ashfaq responded, “I am not deciding anything in haste. It’s all about the developments in the case and the relevance of such witnesses based on those developments. We also need to consider whether it will support our case or not, as it could be counterproductive. A lot of deliberations and calculations will be made before finalising the decision.”

When asked about media reports claiming the legal team had decided to present Gen (R) Bajwa in Faiz Hamid’s defence, Mian Ali Ashfaq said, “Trust me, I am hardly in touch with any media person. It’s just the creation of their own imaginations about defence witnesses.” He further explained, “It all depends on the proceedings and prosecution witnesses. Whether a retired or incumbent witness will be called for the defence will be decided later.”