What's wrong if country using spyware against terrorists? SC asks
The Supreme Court of India has ruled that any report touching upon national security and sovereignty will not be made public. However, the court acknowledged the need to address individual concerns regarding potential privacy breaches.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh stated that while the technical committee’s report on the matter could not become “a document for discussion on the streets,” individuals who suspect their devices may have been compromised have a right to seek clarity.
The court emphasised, “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.” The matter is scheduled to be heard next on 30 July.
The case stems from revelations by an international media consortium, which reported in 2021 that over 300 verified Indian mobile numbers were listed as potential targets for surveillance using Pegasus spyware, developed by Israeli company NSO Group. The allegations sparked widespread concern over the use of surveillance technology against journalists, activists, politicians, and other civil society members.
During the proceedings, senior advocate Kapil Sibal, appearing on behalf of one of the petitioners, cited a US district court ruling, highlighting that WhatsApp itself had disclosed instances of hacking, suggesting that this was not information from a third party. The Solicitor General, Tushar Mehta, however, suggested against any "roving enquiry".
The Supreme Court had previously appointed a technical panel to investigate the allegations. In August 2022, the committee found malware on five of the 29 devices examined but could not conclusively identify it as Pegasus. The report also noted that the central government had not cooperated with the probe. The court has yet to make the report public, citing the sensitive nature of the investigation.
The Congress party has criticised the government's stance, calling for the Supreme Court to reopen the Pegasus case and conduct a fresh inquiry based on the US judgment. Congress general secretary Randeep Surjewala demanded the government disclose the identities of the 300 Indians targeted, including two Union ministers, three opposition leaders, and other key figures. He also questioned how the information gathered was used or misused and whether criminal cases would be filed against the officials involved
The Supreme Court's next hearing on this matter is scheduled for 30 July.