Two Supreme Court judges have noted in the Justice Qazi Faez Isa case that covert surveillance cannot be exercised without the permission of a high court judge. "Even in cases of terrorism, covert surveillance cannot be exercised without the permission of an authority as high as a high court Judge, and that for obtaining such permission, the officer concerned has to make out a strong case, justifying the same," says Justice Maqbool Baqar in his note in Justice Isa case. Another judge, Justice Syed Mansoor Ali Shah, has noted that only law that allows surveillance of persons by the law enforcement and intelligence agencies is the Investigation for Fair Trial Act, 2013 (IFTA). Justice Baqar noted that the preamble to the act recognises the need to prevent our law enforcement and intelligence agencies from using such power arbitrarily. "In terms of the Act, the covert surveillance an only be carried under a warrant issued by a high court.

Source: The Express Tribune November 06, 2020 07:41 UTC