Can’t make public whether Pegasus was used: SC to Govt

A bench headed by Chief Justice of India NV Ramana reserved its order on several petitions seeking a court-monitored probe into the alleged encroachment of citizens. Pegasus The spyware followed an 80-minute hearing, during which the government declined to share any information about the use of Pegasus by its agencies or specific information on the alleged interception of some of the petitioners.

The bench, comprising Justices Surya Kant and Hima Kohli, said the court would pass an interim order in the next three to four days on the constitution of an expert panel and other ancillary issues related to an independent probe. Submissions made by the petitioners and their lawyers.

After taking time on September 7 to reconsider his previous stand against filing a detailed response on a bunch of petitions, Solicitor General Tushar Mehta on Monday said that the use of specialized software like Pegasus is not a matter of any affidavit or public debate. Not possible. .

Mehta insisted that the government is ready to form a committee of independent domain experts that can go into all aspects of the dispute and submit its report before the bench, calling the use of a particular software “not a part of public discourse”. can be made in the interest of the larger national interest and the security of the nation”.

The law officer said the government stood by its August 16 affidavit filed in the Pegasus espionage case. The affidavit neither confirmed nor denied the use of military-grade spyware to hack the phones of ministers, politicians, businessmen, activists and journalists, and instead offered to set up an expert committee.

But the bench was not impressed by Mehta’s submissions. “We have clearly stated even on the last date that no one is interested in disclosing information that could compromise national security,” he said. We wanted a limited affidavit from you as we have petitioners before us, citing breach of their privacy… in front of allegations that some software was used to spy on certain persons like lawyers and journalists Whether there are other ways than legitimate means.”

Noting that the Solicitor General was “going in circles” despite the court’s repeated clarifications on issues of national security, the bench said: “In your affidavit, you may clarify whether the petitioners had valid infractions or not. And if there was any illegal obstruction which was not in your knowledge, then it should be your concern too. Then, we can pass some directions on guidelines, legislative measures etc.”

Mehta, however, said that the Center will not disclose whether it has used Pegasus or not as it will have its own disadvantages and such information can be used by terrorist groups to obstruct the security of the nation. “You are going under circle again and again as if we want to know everything that the government is doing. These are serious allegations that phones were tapped through software and complete privacy was taken. Your minister also noted the use of this software in his statement in Parliament in 2019. We wanted another affidavit to know where we stand… Banging around the bush is not an issue,” the court retorted.