ISLAMABAD, June 26: The government took one more step on Wednesday towards putting former president retired Gen Pervez Musharraf on trial for subverting the constitution.

In a written reply, Attorney General Muneer A. Malik informed the Supreme Court that the federal government, after invoking Article 6 against the accused, had instructed the interior secretary to ask the director general of the Federal Investigation Agency (FIA) to set up a special investigation team to conduct an inquiry into the acts of the former military ruler which led to the imposition of emergency on Nov 3, 2007. Under the law, the FIA conducts investigation in cases of high treason, he said.

He said that to ensure expeditious completion of the investigation, the prime minister was also considering setting up a special commission to oversee and monitor the progress of the proceedings.

Mr Malik said the prime minister had ordered the secretary that the special FIA team should comprise officers of an unblemished reputation.

Prime Minister Nawaz Sharif had announced in the National Assembly on Monday the government’s decision to invoke Article 6 of the constitution, which carries the maximum punishment of death, against the former army chief.

Clarifying the government’s reply to the court’s June 24 directive in which a three-judge bench had sought detailed information on measures the executive would take after invoking Article 6 against Gen Musharraf, the attorney general said the interior secretary had been appointed as an authorised officer in the case under Section 3 of the High Treason Punishment Act of 1973.

According to a statutory regulatory order (SRO) issued in 1994, under the high treason act, the interior secretary becomes the complainant representing the government.

On completion of the investigation, the secretary will file the requisite complaint on behalf of the government under Section 5 of the Criminal Law Amendment (Special Courts) Act of 1976.

Under Section 4 of the act, the federal government by notification in the official gazette will set up a special court comprising three high court judges for the trial of the accused.

Unlike regular criminal cases where lodging of an FIR is a must to start investigation against an accused, in a case of high treason where Article 6 comes into play, the federal government is required to become the complainant.

Under the article: “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

The Supreme Court in its July 31, 2009, judgment had declared Gen Musharraf’s Nov 3, 2007, decision to impose emergency unconstitutional and illegal.

The hearing will continue on Thursday.