Noting that there is no clear stand by the Centre on the Pegasus spyware case, the Supreme Court on Wednesday formed a three-member committee to probe the “falsity and discover the truth” in the matter. The Centre had earlier told the apex court that it was willing to set up a committee of independent experts to examine all aspects of the alleged Pegasus snooping row. It had maintained that what software was used for an interception in the interest of national security can’t be open for public debate.
The Supreme Court appointed a three-member panel of cyber experts to probe the alleged use of Israeli spyware Pegasus for surveillance of certain people in India, saying every citizen needs protection against privacy violation and mere invocation of “national security by State” does not render the court a “mute spectator”. A Bench headed by Chief Justice of India N.V. Ramana passed the order on a batch of pleas seeking an independent court-monitored probe into the alleged Pegasus spyware case. The Supreme Court said it has chosen renowned experts to be a part of the three-member Committee. The committee will be headed by R.V. Raveendran, former Supreme Court judge and also comprise Alok Joshi and Sandeep Oberoi.
It posted the batch of pleas in the matter, including the ones filed by Editors Guild of India and veteran journalists N. Ram and Shashi Kumar, for hearing after eight weeks. The bench took note of the vehement submissions of the Centre on national security and rejected it saying, “…this does not mean that the State gets a free pass every time the spectre of ‘national security’ is raised”.
“National security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning. Although this court should be circumspect in encroaching the domain of national security, no omnibus prohibition can be called for against judicial review.”
The court noted that there is a serious concern of foreign agency involvement by surveilling Indians, and said, “Right to Privacy violation needs to be examined.” Quoting George Orwell, the bench headed by Chief Justice of India N.V. Ramana said, “If you want to keep a secret, you must also hide it from yourself.”
The apex court in its remark said, “The present batch of writ petitions raise an Orwellian concern, about the alleged possibility of utilizing modern technology to hear what you hear, see what you see and to know what you do. At the outset, certain nuances of the right to privacy in India- its facets and importance, need to be discussed.”
“Having regard to the importance of the protection of journalistic sources for press freedom in a democratic society and the potential chilling effect that snooping techniques may have, this Court’s task in the present matter, where certain grave allegations of infringement of the rights of the citizens of the country have been raised, assumes great significance,” it added.
Welcoming the Supreme Court decision to constitute a three-member committee for probe into the Pegasus spyware case, Congress leader Rahul Gandhi on Wednesday said the alleged surveillance “was an attempt to crush Indian democracy”.
Addressing a press conference here, he expressed confidence that the probe will bring out the truth and termed the order as a “big step”. “Pegasus was used against the chief ministers, former prime ministers, BJP’s ministers among others. Was Prime Minister and Home Minister getting the data obtained through the use of Pegasus? If the data of phone tapping of Election Commission, Chief Election Commissioner and Opposition leaders are going to Prime Minister, then it is a criminal act,” he said.
The Centre had offered to set up a Committee comprising independent experts to inquire whether Pegasus was used to snoop on phones. It had said the matter can be inquired into by a committee of independent domain experts and the report can be filed before the top court.
The government had also contended that it is willing to place the details of surveillance before the expert committee proposed to be constituted by it to examine the issues and the committee can give a report to the Supreme Court.