Allowing military courts to pronounce decisions, albeit conditionally, raises renewed concerns about the judiciary's independence after the 26th Constitutional Amendment, says lawyer Mirza Moiz Baig.
To be fair to Justice Isa, he showed tremendous courage in checking the powerful — if power can be taken to mean retired judges, dead generals, and Monal Restaurant.
The Parliament cannot take away the judicial power to interpret the Constitution from the apex court and vest it in, what is effectively, a body subordinate to the government.
The path to a more transparent Pakistan is illuminated by judgments such as this, promising a future in which the nation's affairs are open to scrutiny, and public trust is fortified.
The record of protection of privacy rights in Pakistan is extremely poor, perhaps one of the poorest in the world, which is all the more reason for the exclusionary rule to be adopted.
