Bhutto case: Scotland Yard challenged in Pak SC

Freelance journalist Shahid Orakzai filed a constitutional petition on Tuesday, asking the apex court to declare the involvement of any foreign agency in a criminal investigation inside Pakistan as a violation of Constitution and the Code of Criminal Procedure.

Orakzai made the federal interior ministry and the provincial government of Punjab respondents in the case. He asked the court to instruct the interior ministry to suspend all investigations by any foreign agency and to instruct the federal government to immediately deposit with the Supreme Court all evidence and materials collected by any foreign agency.

He said in his petition that the Scotland Yard team has already begun its probe and unless this was immediately interrupted by the court, public confidence in the government's capacity to investigate crimes and prosecute criminals would be affected.

Orakzai questioned whether the federal government or any province would engage a foreign agency to investigate a murder in any part of Pakistan and whether any Pakistani court could initiate proceedings in a murder case on the findings of a foreign agency.

He also questioned whether the parliament can enact any legislation to transfer the powers and jurisdiction of members of a police force of any Pakistani province to any agency from outside the country.

Orakzai contended that Bhutto's killing occurred near Rawalpindi's Liaquat Bagh and constitutionally the responsibility of the criminal investigation lay with the government of Punjab province.

"I am unaware whether respondent province did entrust any of its functions to the federation under Article 147 (of the constitution) or in the same connection made any formal request to involve foreigners and if so under which provision of the constitution," he said in the petition.

Orakzai also contended that Britain is an ally in the "war against terror", which is a "supra-constitutional military activity" since Pakistan has not formally declared war under the relevant provisions of the constitution.

He contended that the constitution and the Code of Criminal Procedure did not entitle the federal government to engage a foreign agency and give it access to facts "which can breach the security of Pakistan".