India’s Supreme Court on Wednesday ordered the setting up of a committee of experts it named to investigate allegations against the government of using Pegasus spyware to spy on citizens, politicians, journalists and others. After the scam came to light, the Center had cited security concerns for refusing to disclose whether it had deployed the software. “Undoubted, [the government] Can refuse to provide information when constitutional considerations exist. This does not mean that the state gets a free pass every time a threat to ‘national security’ arises,” the apex court said.
The alleged list of Pegasus’ goals that surfaced seemed suspiciously political in design, and the center’s explanation was concocted. The allegation against it is particularly serious in light of a Supreme Court ruling in 2017 which drew on the right to life and personal liberty under Article 21 of the Constitution to be classified as a derivative fundamental right. It is well appreciated that the state needs threats under a scanner, which requires espionage tools. But, like other fundamental rights, any abbreviation should be allowed only in a properly agreed process.
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