Pegasus Spyware Use: ‘We See You Don't Want to Take a Stand,’ SC Bench Tells Centre

New Delhi: The Supreme Court bench, which is hearing a bunch petitions on the Pegasus snooping issue, on Monday observed that the Centre was reluctant to take a stand on whether it has used the Israeli spyware or not.

The bench, comprising Chief Justice of India N V Ramana and justices Suryakant and Aniruddha Bose also noted that the affidavit filed by Centre on the petitions that are demanding a high-level probe by a special investigating team into the Pegasus snooping issue, “did not reveal” whether it has used the spyware or not, the Bar & Bench reported.

"Whatever you want to say why don't you file an affidavit? We will also get a clear picture," the court said to the Centre’s counsel.

Earlier in the day, the Centre had told the court that it would set up an expert committee to look into the matter.

In a two-page affidavit filed by the Additional Secretary, Ministry of Electronics and Information Technology, the Centre has said:: “A bare perusal of the captioned petition and other connected petitions makes it clear that the same are based on conjectures and surmises or on other unsubstantiated media reports or incomplete or uncorroborated material.” 

It further added that “to dispel any wrong narrative spread by vested interests and with an object of examining the issues raised, we will constitute a committee of experts in the field which will go in to all aspects of the issue.”

Arguing on behalf of senior journalists N Ram and Sashi Kumar, senior advocate Kapil Sibal said: “We do not want the government, which might have used Pegasus or its agency might have used it, to set up a committee on its own,” and raised some issues with regard to the Centre’s affidavit that the petitions were based on “conjectures and surmises.”

“They must say how the facts stated in the petition are wrong, that the government of India has nothing to do with Pegasus, that no agency of it has anything to do with it,” he was quoted as saying by LiveLaw.

Questioning the government’s move to set up a committee to look into the matter, Sibal said: “If they (the Centre) say 'yes, Pegasus was used', we cannot have a committee. If they say Pegasus was not used, there is no need for the committee. So, where is the question of a committee coming?”

 The petitions that are being heard involve the The Pegasus Project, a global expose by Forbidden Stories and Amnesty International, in collaboration with reputed international and national dailies, which alleged widespread use of the spyware to keep tabs on the phones of journalists, politicians etc.

The spyware by Israel’s NSO Group is sold only to governments, hence the uproar in India, with the Opposition and various citizens alleging “illegal surveillance” on opposition leaders, journalists and others. About 40 journalists’ phones were targeted along with the phones of Congress leader Rahul Gandhi, poll strategist Prashant Kishor, businessman Anil Ambani, former Election Commissioner Ashok Lavasa, as also the current IT Minister Ashwini Vaishnaw, among others.

Citing Rule 3 of the IT Rules 2009, Sibal was quoted as saying by LiveLaw: "If interception is allowed, these matters have to be dealt with by the Home Secretary! If there has been an interception legally, then the Home Secretary will have all the information. If the Home Secretary files an affidavit saying I do not know, it means that everything done was outside the law, of which the government of India knew way back in 2019!”

The hearing was adjourned till Tuesday.