What's wrong in nation having spyware for security reason: SC on Pegasus

The Supreme Court on Tuesday (April 29) asked what is wrong with a country possessing spyware for security purposes adding that the actual concern is the issue that against whom such a technology is being used.

The oral observations were made by a bench of Justices Surya Kant and N Kotiswar Singh during the hearing of a bunch of writ petitions filed in 2021 seeking an independent probe in the alleged use of the Israeli spyware Pegasus for snooping on journalists, politicians and activists.

Also Read: US verdict on Pegasus spyware case: Surjewala asks SC on further inquiry

'Real question is who is targeted'

During the hearing, senior advocate Dinesh Dwivedi, appearing for some petitioners argued that the actual bone of contention is that whether the Union Government have purchased the Pegasus spyware and were using it. He further submitted if the Centre has access to the spyware then nothing can stop it from putting it to use.

At this point, Justice Kant intervened saying there is nothing wrong if a country uses a spyware.

"What is wrong if the country is using the spyware. To have a spyware, there is nothing wrong. Against whom it is used it is the question. We cannot compromise or sacrifice the security of the nation,” said Justice Kant.

Also Read: US court holds Pegasus-maker liable for abuses; 300 Indians spied on: Cong

Sibal cites US court's judgement

Earlier in the hearing, senior advocate Kapil Sibal, appearing for journalist Paranjoy Guha Thakurta, cited the US District Court’s judgment which stated that the NSO used the Pegasus spyware to hack WhatsApp spyware.

To this Justice Surya Kant responded saying: "We have given a detailed judgment, constituted a committee (led by Justice Raveendran to probe the allegations). Now what survives?".

Sibal argued that the top court set up the committee in 2011 when did not have any clarity whether the hacking actually took place. But with the US District Court’s judgement it became clear that the hacking actually took place with WhatsAPP itself saying its accounts were targeted, added Sibal. He urged the bench to make the report of the Justice Raveendran Committee available to the affected individuals while redacting the sensitive portions.

Also Read: Apple warns iPhone users in India, 91 other countries of ‘mercenary spyware’ attack

'Provide whole report to affected individuals'

Backing Sibal, senior advocate Shyam Divan said that the report should be disclosed without any redaction. However, Solicitor General Tushar Mehta objected to it saying parts of the report concerning national security cannot be disclosed.

The bench then made it clear that the report concerning the security and sovereignty can’t be made a document for discussion on the streets.

"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. Yes, individual apprehension must be addressed but it cannot be made a document for discussion on the streets," the bench observed.

The matter was posted for hearing on July 30.

With inputs from agencies