Pegasus row: The controversy surrounding alleged use of the Israeli spyware to surveil opposition leaders, journalists and activists came to light in 2021, prompting several people to move the top court.
The Supreme Court on Tuesday questioned what objection there could be to using the Israeli spyware Pegasus ‘against terrorists,’ after probe panel filed a report on the issue and said any findings related to national ‘security and sovereignty’ would remain confidential and not be disclosed to the public.
A bench of Justice Surya Kant and Justice N Kotiswar Singh indicated it may address individual apprehensions of privacy breach but the report of the technical committee was no document to discuss “on the streets”.
What did the Supreme Court say?
The bench said, “Any report which touches the security and sovereignty of the country will not be touched. But individuals who want to know whether they are included that can be informed. Yes, individual apprehension must be addressed, but it cannot be made a document for discussion on the streets.”
The controversy over the alleged use of Israeli spyware Pegasus to surveil opposition leaders, journalists, and activists emerged in 2021, leading several individuals to approach the Supreme Court.
The apex court ordered an investigation and set up technical and supervisory committees to probe the matter. The Court also noted that it would assess how much of the technical committee’s report can be made public.
Advocate Dinesh Dwivedi, appearing for one of the petitioners, said the question was whether the government had the spyware and used it. “If they have it, there is nothing to prevent them from using it continuously even today,” he added.
The bench responded, “Please make submissions with regard to disclosure regarding individuals. The kind of scenario we are facing nowadays, let us be slightly responsible…We will see to what extent the report can be shared.”
The top court went on, “What is wrong if the country is using the spyware against the terrorists? To have spyware is not wrong, against whom you are using is the question. You can’t compromise with the security of nation. Private civil individual who has right to privacy will be protected under the Constitution,” the bench said.
Senior advocate Kapil Sibal, appearing for journalist Paranjoy Guha Thakurta, referred to a US district court judgment. “WhatsApp itself has disclosed here. Not a third party. WhatsApp itself has disclosed that there was a hack. That time your lordships had not indicated whether hacking took place. Even experts didn’t say so. Now you have evidence. Evidence by WhatsApp. We will circulate the judgment. The redacted portion should be given to concerned individuals so they know,” Sibal said.
Next hearing on July 30
Solicitor General Tushar Mehta advised against conducting a ‘roving enquiry’, arguing that there is nothing improper in deploying spyware like Pegasus against terrorists, who, he asserted, do not possess a right to privacy.
On the other hand, senior advocate Shyam Divan, representing one of the petitioners, insisted that the technical committee’s report should be made public in full, without any redactions.
The Supreme Court has scheduled the next hearing for July 30.
On August 25, 2022, the technical panel appointed by the top court to probe the unauthorised use of Pegasus found malware in five of the 29 examined cell phones but it couldn’t conclude Pegasus was used.
Following the report by former apex court Justice R V Raveendran, the top court recorded the Centre did not cooperate with the Pegasus probe.
The top court ordered the probe in 2021 into the allegations of the use of the Israeli spyware by government agencies for targeted surveillance of politicians, journalists, and activists and appointed technical and supervisory committees to examine the matter.
(With PTI inputs)
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