ISLAMABAD - Attorney General of Pakistan (AGP) Munir A Malik has said solid evidence is available for quick prosecution of Pervez Musharraf under article 6 of the constitution.

He said this during an informal chat with media persons here in the Supreme Court (SC) on Wednesday.

He said the FIA will get the powers to arrest Pervez Musharraf as soon as the government registers a private complaint for trial.

The AGP underlined that the special court could convict Pervez Musharraf and could exonerate him too.

“Once a private complaint is lodged by the interior secretary under the rules, notices would be issued and then the Federal Investigation Agency (FIA) could arrest him,” sources in the AGP office told The Nation on Wednesday.

But a member of the investigation team tasked to probe the high treason case told The Nation: “The have recorded the statements of many persons, directly or indirectly involved in the promulgation of November 3, 2007 emergency, but so far no concrete evidence could be collected against Musharraf.”

The investigator said that except for the Supreme Court order, the investigators had nothing in their hand on the basis of which they could force anyone to cooperate with the investigation team. However, he said they will be in a position to investigate the case thoroughly after filing of private complaint because if any person would not cooperate, he or she would be summoned or issued warrants through the special court.

While disposing of the petitions that demanded registration of high treason case against Pervez Musharraf, a three-member SC bench on July 3, 2013 had directed the government to conclude the investigation without unnecessary delay. The order had come in view of the federal government’s undertaking given on June 26, 2013.

On the other hand, some jurists are criticising the federal government’s move to ask Chief Justice Iftikhar Muhammad Chaudhry to propose the names of three judges of the High Courts for constituting a special court, saying the government should have set up the special court itself instead of requesting the CJP.

AGP Munir A Malik had advised the federal government that it consult the chief justice, instead of itself deciding three names for the special court because now there are five High Courts in the country, sources said.

Under section 4 of the Criminal Law Amendment (Special Courts) Act-1976, a special court for a treason trial under Article 6 should comprise three judges of High Courts, sources in the AGP Office said.

When the law was passed in 1976, there were three High Courts in the country, sources added.

The law ministry on Nov 18 sent a one-page letter to the Supreme Court, requesting the chief justice to propose names for the special bench. Justice Chaudhry, instead of deciding the names himself, asked the chief justices of all the High Courts to nominate one judge each of their respective court. The CJP then forwarded those five names to the government to select itself three names. The prime minister on Tuesday nominated Justice Faisal Arab of Sindh High Court, Justice Muhammad Yawar Ali Khan of Lahore High Court and Justice Tahira Safdar of Balochistan High Court for the special court.

Now the objections are being raised about the members of the special court by many quarters. The AGP Office opines that after the notification the government can’t change the composition of the special court. “If the members are changed through ordinance or any other means, it would be unconstitutional,” the AGP office said.