The Supreme Court on Wednesday formed an independent committee of technical experts to probe the Pegasus surveillance issue, saying the Centre cannot get a free pass every time by raising national security concerns.
A bench comprising Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli said there has been “no specific denial” by Centre (about use of Pegasus). “Thus we have no option but to accept the submissions of petitioner prima facie and thus we appoint an expert committee whose function will be overseen by the Supreme Court,” the top court ordered.
The court also criticised the Centre for raising the argument of national security to defend its case stating that it cannot be an omnibus argument to gain a free pass every time the Court exercises judicial review. “State cannot get free pass every time by raising national security concerns. No omnibus prohibition can be called against judicial review. Centre should have justified its stand here and not render the court a mute spectator,” the top court said.
The committee will be headed by former Supreme Court judge Justice RV Raveendran and assisted by Alok Joshi, former IPS officer; Dr Sundeep Oberoi; Dr Naveen Kumar Chaudhary, Dean, National Forensic Sciences University, Gandhinagar, Gujarat; Dr Prabaharan P, Professor, Amrita Vishwa Vidyapeetham, Kerala and Dr Ashwin Anil Gumaste, IIT Bombay.
The court had reserved its order on September 13, saying it only wanted to know whether or not the Centre used the Pegasus spyware through illegal methods to allegedly snoop on citizens. The apex court had observed orally that it would set up a technical expert committee to inquire into the matter and pass an interim order on the pleas seeking an independent probe into the grievances of the alleged surveillance of certain eminent Indians by hacking their phones using Israeli firm NSO’s spyware, Pegasus. The top court’s observations on constituting the committee assume significance in view of the Centre’s statement that it would set up an expert panel on its own to look into the entire issue.
Here’s all you need to know about the issue:
What is the row about?
An international media consortium had reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.
The alleged list included Congress’s Rahul Gandhi, poll strategist Prashant Kishor, two serving Union Ministers, an ex-Election Commissioner, two registrars of the Supreme Court, an old number of a former judge, a close aide of a former Attorney General and 40 journalists.
The government came under pressure after the software vendor NSO said its clients are only “vetted” governments and their agencies. The issue also dominated the Monsoon Session of Parliament as a united Opposition sought answers from the Centre.
Currently, the apex court is hearing a batch of pleas, including senior journalists N Ram and Sashi Kumar along with the Editors Guild of India, seeking independent probe into the alleged Pegasus snooping matter.
What is the government’s stand?
Solicitor General Tushar Mehta, appearing for the Centre, had contended that the disclosure whether the country was using a particular software or not may cause harm and alert all potential targets, including terror groups. “We had to have your affidavit to understand your stand. We do not want to say anything further,” the court had told Mehta, adding that if a spyware is used by the government then it has to be as per the procedure established by the law.
The law officer had said the government has nothing to hide and that is why the Centre has on its own said it will constitute a committee of domain experts who will look into the allegations and report to the court. “I am not averse to certain individuals claiming invasion of privacy. This is serious and must be gotten into. The question is whether it is Pegasus or something. Our stand is putting this into an affidavit will not serve national interest… Hence allow us to form a committee of domain experts without the government members,” Mehta had added.
The Centre maintained it did not wish to file a detailed affidavit on whether a particular software is used or not as it was not a matter for public discussion and will not be in the “larger national interest”.
The government also gave a statement in Parliament, saying no illegal interception has been done. However, a lack of discussion on the issue in either house made the Opposition up its ante.
What has the supreme court said so far?
The bench had said that it only wanted to know from the Centre, which expressed unwillingness to file a detailed affidavit citing national security, whether Pegasus was used to allegedly spy on individuals and if it was done lawfully.
Observing that concerns have been raised by journalists and others over violation of privacy in the Pegasus row, the top court had said it was not interested in knowing the details related to national security.
On September 23, the CJI, while hearing a matter, had hinted that the court will appoint a committee of experts to go into the charges. He said the order was taking time since some of the experts it had in mind to be part of the committee had declined to take the role citing personal difficulties.
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