RAWALPINDI, May 26 The federal government is considering reinvestigating Benazir Bhutto's assassination through the Federal Investigation Agency (FIA) and has sought legal opinion from the law and justice division as the case is already with the Anti-Terrorism Court, Dawn has learnt.

Although the Rawalpindi district police, with the assistance of FIA's Special Investigation Group, had completed investigation into the incident and submitted a charge-sheet to the ATC, the FIA has been striving to obtain permission for reinvestigation.

Ms Bhutto was assassinated in a gun and bomb attack after a rally outside Liaquat Bagh on Dec 27, 2007, in Rawalpindi. However, the investigation into the tragedy has remained disputed.

Five men have been arrested by law-enforcement agencies in connection with the assassination and they are being tried by the ATC at Rawalpindi's Adiala jail.

The court had declared Bailtullah Mehsud, chief of Tehrik-i-Taliban Pakistan, as proclaimed offender in the case. The federal government believed that the FIA had all the powers and was competent to reinvestigate the case.

But it has to seek permission for reinvestigation from ATC or the court might take a suo motu notice and assign the investigation to the FIA in the interest of justice.

The source said that the federal government had sought legal opinion from the law division.

The government also wanted to know how the police case files would be transferred to the FIA and who will order for it since there is no provision in the ATA for such a move.

According to the source, the law and justice division in its reply said police were not legally prohibited from investigating a case as they could file a fresh challan in court as a result of subsequent investigation. The investigation may be conducted either by police or any other person authorised by a magistrate.

It said the procedure regarding transfer of investigation is given in the Police Order of 2002. In the present case, the federal government may ask the Punjab government to get the case reinvestigated by the local police and FIA might be associated with the investigation to assist the local police.

The local police do not require any permission from the court for reinvestigation of the case.

It said that provisions of Criminal Procedure Code, 1898, do not prevent the police from submitting a second report replacing the earlier one.

The law division replied that trial proceedings could not be stopped in case the reinvestigation was started. And the provincial government shall have to be consulted for reinvestigation, but transfer of investigation to the FIA is not possible under the law.