A constitutional petition in the Pakistan Supreme Court has challenging the probe by Scotland Yard into the assassination of former prime minister Benazir Bhutto.

The petitioner pleaded the court to declare the probe by British Scotland Yard ultra vires (beyond the power) of the Constitution. The federal and Punjab governments have been made respondents.

The petitioner sought instructions to the interior ministry to suspend all investigations by any foreign agency inside Pakistan and further directions to the federal government to immediately deposit with the apex court all evidence collected by any foreign agency, until the disposal of his petition.

It was contended that such a probe would corrode public confidence in the capacity of the State to investigate the crimes and prosecute the criminals.

The petitioner asked whether any court could initiate a trial in a murder case on the findings of a foreign agency.

The petitioner also argued that the federal and Punjab administrations were both being run by caretaker set-ups and they should explain under which provision of the Constitution a formal request to engage a foreign agency was made.