'Nothing wrong in country using spyware': Supreme Court on Pegasus row

The top court said it will have to examine to what extent the report of the technical panel on the Pegasus case can be shared with individuals

The Supreme Court on Tuesday said the report of the technical panel on the Pegasus case will not be made public, asserting that any report that touches on the "security and sovereignty" of the country will not be disclosed.

 

A bench of Justice Surya Kant and Justice N Kotiswar was hearing a group of petitions seeking an investigation into the alleged use of Israeli spyware Pegasus for surveillance. The bench noted that it will have to examine to what extent the technical panel report can be shared with individuals.

 

"What is wrong if the country is using the spyware? To have a spyware, there is nothing wrong. Against whom it is used is the question. We cannot compromise or sacrifice the security of the nation," Justice Surya Kant said, as reported by Bar and Bench. 

"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 bench stated during the hearing.

 

  In 2021, the Supreme Court ordered an inquiry into claims that Israeli spyware was deployed by government agencies to surveil politicians, journalists, and activists, and had set up both technical and supervisory committees to investigate the issue.

 

The technical panel, which included three experts on cyber security, digital forensics, networks, and hardware, was asked to "inquire, investigate and determine" whether Pegasus spyware was used for snooping on citizens.

 

The panel members were Naveen Kumar Chaudhary, Prabaharan P, and Ashwin Anil Gumaste. Justice RV Raveendran, who headed the monitoring panel, was assisted by former IPS officer Alok Joshi and cyber security expert Sundeep Oberoi in monitoring the inquiry of the technical panel.

 

On August 25, 2022, the top court stated that the technical panel appointed by it to probe the unauthorised use of Pegasus found some malware in five of 29 examined cellphones but it could not be held that the Israeli spyware was used.

 

The court stated that it will hear the matter on July 30.