SC forms expert panel to probe Pegasus snoopgate allegations; next hearing after 8 weeks

In a massive development on Wednesday, the Supreme Court bench led by CJI NV Ramana appointed a technical committee to probe the Pegasus snoopgate allegations. Maintaining that privacy is important for all citizens, the CJI affirmed that the restrictions can be imposed only to safeguard national security. Stressing that surveillance affects the rights of the people, he opined that this technology may have a chilling effect on the freedom of the press. 

The CJI affirmed, "This court gave ample time to Centre to disclose all information regarding the pegasus attack since 2019. However, only a limited affidavit was filed throwing no light. If the Centre made stand clear the burden on us would have been less."

Maintaining that there is a serious concern about the involvement of a foreign agency in spying on Indian citizens, he observed, "The state cannot get a free pass every time by raising national security concerns. No omnibus prohibition can be called against judicial review. The Centre should have justified its stand here and not render the court a mute spectator."

The technical committee will constitute three members- National Forensic Sciences University Dean Dr. Naveen Kumar Chaudhary, Amrita Vishwa Vidyapeetham professor Dr. Prabhakaran P and IIT Bombay professor Dr. Ashwin Anil Gumaste. The functioning of this committee will be overseen by retired Supreme Court judge RV Raveendran and will be assisted by ex-IPS officer Alok Joshi and cyber security expert Dr. Sundeep Oberoi. The panel has been directed to prepare the report after a thorough inquiry and place its report before the SC expeditiously. 

Here are the committee's Terms of Reference:

• Investigate whether the Pegasus suite of 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 not explicitly stated herein?

• Determine the details of the victims and/or persons affected by such a spyware attack

• Determine what steps/actions have been taken by the Centre after reports were published in the year 2019 about hacking of WhatsApp accounts of Indian citizens, using the Pegasus suite of spyware

• Inquire whether any Pegasus suite of spyware was acquired by the Union of India, or any State Government, or any central or state agency for use against the citizens of India

• Inquire if any governmental agency has used the Pegasus suite of spyware on the citizens of this country, under what law, rule, guideline. protocol or lawful procedure was such deployment made

• Probe if any domestic entity/person has used the spyware on the citizens of this country and whether this use was authorised

• Make recommendations regarding the enactment or amendment to existing law and procedures surrounding surveillance and for securing improved right to privacy

• Make recommendations regarding enhancing and improving the cyber security of the nation and its assets

• Make recommendations to ensure prevention of invasion of citizens’ right to privacy otherwise than in accordance   with law

• Make recommendations regarding the establishment of a mechanism for citizens to raise grievances on suspicion   of illegal surveillance of their devices

• Make recommendations regarding  the setting up of a well­ equipped independent premier agency to investigate   cyber security vulnerabilities, for threat assessment relating to cyberattacks and to investigate instances of cyberattacks in the country

• Make recommendations regarding any ad­hoc arrangement that may be made by the SC as an interim measure for the protection of citizen’s rights pending filling up of lacunae by the Parliament

What is the Pegasus snoopgate row?

The controversy came to the fore when French non-profit Forbidden Stories and Amnesty International accessed a leaked database of 50,000 phone numbers that were allegedly targeted by Pegasus. As per media reports, the Pegasus spyware targeted over 300 Indian mobile numbers including that of 40 journalists, businesspersons, one constitutional authority, three opposition leaders and two sitting Ministers in the Union government. The database also allegedly contained the numbers of activists who are accused and incarcerated in the Bhima Koregaon case.

The SC bench of CJI NV Ramana and Justices Surya Kant and Hima Kohli's order came on petitions filed by advocate ML Sharma, CPI MP John Brittas, Association for Democratic Reforms founder Jagdeep Chhokar, Narendra Mishra, three journalists and the Editors Guild of India. In an affidavit filed by the Ministry of Electronics and Information Technology on August 16, the Centre categorically rubbished all allegations citing that the pleas are based on unsubstantiated media reports. At the same time, it had agreed to set up a Committee of Experts for probing all aspects of the issue. The SC had reserved its order on September 13  after the Union government refused to file a detailed affidavit in this matter.