New Delhi, Aug 17, 2021- The Supreme Court on Tuesday issued a notice to the Centre on the petitions seeking a probe into alleged use of Pegasus to snoop on civilians. However, the top court clarified that it will not ask the Centre to divulge sensitive issues connected with national interest, instead it is the limited issue of alleged snooping of civilians and some eminent persons.
A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Aniruddha Bose noted the court will not ask the Centre to divulge sensitive issues connected with national interest.
“None of us would want to compromise the security of the nation or defence of the nation. Here the issue is very limited, civilians alleging interception of their phones. Interception can be done with permission of competent authority. This authority should file an affidavit before us”, observed the bench, adding that the affidavit may not contain anything about national security.
The top court said it will issue notice and let the competent authority choose the next course of action.
Solicitor General Tushar Mehta, representing the Centre, vehemently argued that the government has nothing to hide, however the information on purchase or whether Pegasus spyware was used or not, involves national security issues.
He added that senior advocate Kapil Sibal, representing journalists N. Ram and Sashi Kumar, agreed that there is a statutory mechanism allowing interception, which is necessary to combat terrorism.
Mehta said software are used for national security and anti-terrorism purposes, and a software for this purpose is purchased by every country. “No government will make public what software it is using to allow terror networks to modify its systems and escape tracking”, said Mehta.
He said the government is ready to place all information before an expert technical committee, comprising independent members, which can submit its report to the top court. He added details are connected with national security and it can’t be divulged through affidavits for public debate.
Mehta insisted that this is a sensitive matter and this has to be dealt with sensitivity.
The bench said: “We are not compelling you to divulge (any details on national security). It is your choice to file a detailed affidavit. We will issue notice and then examine whether to form a committee… now, it is at the stage of admission”
The top court noted that the Centre’s 2-page affidavit was not enough to satisfy the issues raised by various petitioners.
“We expected a comprehensive reply, but you filed a limited affidavit”, said the Chief Justice, listing the matter for further hearing after 10 days. Mehta said according to him, the affidavit was sufficed.
Sibal argued that his clients do not want the state to divulge any information which may have bearing on national security.
The top court is hearing a batch of pleas, including the one filed by Editors Guild of India, seeking independent probe into Pegasus snooping allegations. (Agency)
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