'Cannot allow spying': Supreme Court orders probe into Pegasus

The Supreme Court on Wednesday set up a 3-member independent expert panel to probe the alleged use of Israeli spyware Pegasus for targeted surveillance in India, observing the state cannot get a “free pass” every time the spectre of national security is raised and that its mere invocation cannot render the judiciary a “mute spectator” and be the bugbear it shies away from.

In a significant verdict over the issue of protecting citizens’ right to privacy that was welcomed by legal experts, a bench headed by Chief Justice N V Ramana asserted that in a democratic country governed by the rule of law, indiscriminate spying on individuals cannot be allowed except with sufficient statutory safeguards by following the procedure established by law under the Constitution.

Stating that it was compelled to take up the cause to determine the truth and get to the bottom of the spying allegations, the court said the entire citizenry is affected by these charges due to the “potential chilling effect”, lamenting that no clear stand was taken by the Centre regarding actions taken by it over the Pegasus row.

The court then went on to list the “compelling circumstances” which prompted it to order the probe, noting the petitioners in the Pegasus spyware case have placed on record certain material that prima facie merits consideration by this court and that there has been no specific denial of any of the facts by the Centre.

The top court also referred to the freedom of the press and speech and said the media is an “important pillar” of democracy and that the task of the judiciary in the present matter assumes great significance with regard to the importance of protection of journalistic sources and the “potential chilling effect” that snooping techniques may have.

Former apex court judge R V Raveendran, 75, will monitor the probe by the technical panel whose members are experts in cyber security and digital forensics. Justice(retd) Raveendran, who has been part of benches which heard major cases such as the row over quota for OBCs in central universities, the 1993 Mumbai serial bomb blasts and the Krishna-Godavari basin dispute over natural gas, would be assisted by former IPS officer Alok Joshi and cyber security expert Sundeep Oberoi.

The tehnical panel comprising Naveen Kumar Chaudhary, Prabaharan P and Ashwin Anil Gumaste was constituted in response to pleas seeking investigation into the alleged widespread and targeted surveillance of politicians, journalists and activists, among others using Pegasus.

The expert panel will have the power to enquire, investigate and determine whether the Pegasus spyware was used on phones or other devices of the citizens of India to access stored data, eavesdrop on conversations, intercept information and/or for any other purposes and the details of the victims and/or persons affected by such a spyware attack, the court said.

Legal experts described the verdict as the “watershed moment” and said it will go a long way in giving a warning signal to the government that they cannot spy on citizens in the garb of national security.

While Congress leader Rahul Gandhi said the “use” of Pegasus spyware was an attempt to crush Indian democracy and that the Supreme Court order is a “big step” that will help bring out the truth, BJP spokesperson Sambit Patra said it is in line with the government's affidavit on the spying row.