ISLAMABAD, July 14: As the Federal Investigation Agency (FIA) is unable to access the military’s record of the days when Pervez Musharraf imposed an emergency in the country in November 2007, the army’s judge advocate general (JAG) is likely to join the four-member FIA team probing the ‘high treason’ charges against the retired general.

In the November 3, 2007, proclamation of emergency, Musharraf, had declared: “I General Pervez Musharraf, Chief of the Army Staff, proclaim emergency throughout Pakistan. I hereby order and proclaim that the constitution of the Islamic Republic of Pakistan shall remain in abeyance.”

The proclamation also mentioned that the emergency was imposed “in pursuance of the deliberations and decisions” of a meeting which was attended by then “prime minister, governors of all the four provinces, and with chairman joint chiefs of staff committee, chiefs of the armed forces, vice chief of army staff and corps commanders of the Pakistan Army.”

The Supreme Court of Pakistan on July 3 while disposing of identical petitions seeking trial of the former military ruler under article 6 observed that “the federal government shall proceed as per undertaking dated June 26, 2013.”

In the June 26 undertaking, the federal government had informed the court that “the prime minister had directed the secretary interior to forthwith direct the director general FIA to constitute a special team of senior officers to commence an inquiry and investigation in relation to the acts of General (retired) Pervez Musharraf of November 3, 2007, that may amount to high treason under Article 6 of the constitution.”

It further said: “On the completion of the investigation, the federal government shall file the requisite complaint under Section 5 of the Criminal Law Amendment (Special Courts) Act 1976 and take steps to constitute a special court in accordance with Section 4 of the said Act for the trial of the offence.”

Subsequently, the government constituted the four-member team headed by FIA Additional Director General Khalid Qureshi.

Sources in the FIA told Dawn that during its initial meetings, the team examined the contents of the November 3, 2007, proclamation.

The investigators observed that the proclamation also included the senior army authorities - chairman joint chiefs of staff committee, chiefs of the armed forces, vice chief of the army staff and corps commanders. Being a civilian investigation team, the FIA could not access the military authorities.

Furthermore, the minutes of the meetings in which the imposition of the November 3 emergency was reportedly discussed could not be obtained without the assistance of the army JAG, the sources added.

The Supreme Court in 2009 during the hearing of a petition filed by the Sindh High Court Bar Association had examined the contents of the proclamation and observed that Gen Musharraf was responsible for the imposition of the emergency.

Sources in the cabinet division, from where the November 3 emergency was notified, also claimed that they had received directions for issuance of the notification directly from the presidency, not from the GHQ.

However, it may be mentioned that the military spokesmen never confirmed or denied the contents of the proclamation. The military sources said the FIA could check the veracity of any evidence while adopting a proper procedure.

According to them, the FIA can approach the defence ministry through the ministry of interior for getting any army-related information. The defence ministry would forward the interior ministry’s request to the JAG branch.

Brigadier (retired) Wasaf Khan Niazi, a former Judge Advocate General, on the other hand, said seeking JAG’s assistance in the said probe would not help the investigation team in anyway and it would rather de-track the investigations.

“For the sake of arguments if it is presumed that Gen Musharraf had discussed the imposition of the emergency in any of the formation commanders or corps commanders meeting, it would not shift his responsibility to others.”

He suggested that instead of examining the army’s record the FIA should concentrate on other factors and interrogate those prominent and senior lawyers who had actively supported successive military coups and remained legal advisers to military dictators.

Umer Hameed Khan, a spokesman for the interior ministry, was not available for comments.