News Analysis India

Tag: Pegasus

  • SC to set up technical experts’ panel on Pegasus

    By Express News Service

    NEW DELHI: The Supreme Court on Thursday said it is planning to set up a committee of experts to look into allegations of unauthorised surveillance using Pegasus software, adding a formal order will be issued by next week.

    The information assumes significance since the Centre had earlier offered to set up a panel on its own to look into allegations of snooping on civil society. Chief Justice N V Ramana said the matter was taking time because some experts it wanted to induct had declined citing personal difficulties. “We will be able to finalise the members of by next week and pronounce our orders.”

    ALSO READ | Congress welcomes setting up of technical expert committee on Pegasus, but seeks SC-monitored probe

    The remarks came when he was hearing some other case in which senior advocate C U Singh, one of the petitioner’s lawyers in the Pegasus case, was appearing. The top court had on September 13 reserved its order, saying it only wanted to know whether or not the Centre illegally used Pegasus to snoop on journalists, activists and politicians. The Centre had stoutly refused to file an detailed affidavit citing national security.

    The Congress appreciated the SC’s initiative to set up a probe panel, saying it is a step in the right direction. “The Pegasus spy scandal is… an assault on national security and privacy… The solution is simple — A SC-monitored full investigation. SC observation of setting up a technical committee is a right step in this direction,” Congress chief spokesperson Randeep Surjewala tweeted.

  • Pegasus snooping row: SC to pronounce order on pleas seeking independent probe next week

    By PTI

    NEW DELHI: The Supreme Court on Thursday said that it will pronounce its interim order next week on a batch of pleas seeking an independent probe into the Pegasus snooping matter.

    A bench headed by Chief Justice N V Ramana said the order, which was to be pronounced earlier, will now be delivered next week.

    The top court on September 13 had reserved its order, saying it only wanted to know whether or not the Centre used the Pegasus spyware through illegal methods to allegedly snoop on citizens.

    The Centre had stoutly refused to file an affidavit citing national security on pleas seeking an independent probe into the snooping row.

    The pleas seeking an independent probe are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli firm NSO’s spyware Pegasus.

    An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.

  • Unbelievable that Centre refusing to file detailed affidavit on Pegasus: Petitioners to SC

    By PTI

    NEW DELHI: It is “unbelievable” that the Centre is refusing to file a detailed affidavit on a batch of pleas seeking independent probe into the alleged Pegasus snooping row, one of the petitioners argued in the Supreme Court on Monday.

    A bench headed by Chief Justice NV Ramana was told by senior advocate Kapil Sibal, appearing for veteran journalists N Ram and Sashi Kumar who have filed one of the pleas, that the government cannot tell the apex court to “shut your eyes”.

    “This is unbelievable that the Government of India says we will not tell the court,” Sibal told the bench, also comprising justices Surya Kant and Hima Kohli.

    “The government cannot tell your lordships to shut your eyes and say we will do what we want and we will do it through an internal inquiry,” Sibal said, adding it is the bounden duty of the government to tell its citizens the factual position on the issue.

    ALSO READ| Pegasus row: Don’t wish to file detailed affidavit in larger national interest, Centre tells SC

    During the hearing, Solicitor General Tushar Mehta said the government does not wish to file a detailed affidavit in the “larger national interest” on the pleas as such issues cannot be a subject matter of public discourse.

    Sibal said the petitioners want to know whether Israeli firm NSO’s spyware Pegasus was used in the alleged surveillance of some eminent Indians, and this does not reveal any secrets of the state or impact national security. “My friend (Mehta) says making that statement on oath itself is detrimental to national security. I am sorry, it is detrimental to the process of justice,” the senior lawyer said.

    Fundamental rights of the citizens have to be protected, he said, adding that Pegasus spyware is illegal and cannot be used. Sibal said international agencies have stated that Indians were targeted by the spyware and yesterday, Germany has also accepted that Pegasus was used for the purpose of countering terrorism.

    He said the government should not be allowed to constitute a committee of its own. Senior advocate Shyam Divan, appearing for one of the petitioners, said the snooping has been “an assault on the democracy” and the spyware not only snoops but it may also implant some material into the devices being tracked.

    Several senior lawyers such Rakesh Dwivedi, Dinesh Dwivedi, Colin Gonsalves and Meenakshi Arora also argued in the case and demanded credible and independent probe into the snooping allegations. Arora said that a special investigation team headed by a retired judge of the apex court should be there to look into the matter.

    Advocate ML Sharma, one of the petitioners, drew the court’s ire for saying “your colleague judge” during the arguments. “What is this your colleague judge? Is this the way to address the court?,” the CJI told Sharma.

    The solicitor general also objected to Sharma’s submission and said he cannot address the court like this. “It is nor correct Mr Sharma. There is dignity in arguing the matters,” the bench said. Sharma said he wanted to say something else but he think, he gave a wrong impression.

    The bench, after hearing the submissions, said it would pass an interim order in the matter. Mehta told the bench that government has “nothing to hide” and that is why the Centre has on its own said that it will constitute a committee of domain experts who will look into these allegations.

    He said the issue whether a particular software is used or not used by the government cannot be a subject matter of public discourse as it has its “own pitfalls” and it would be better if target groups, like terror outfits, do not know what is being used to combat their activities.

    The Centre had earlier filed a limited affidavit in the top court saying the pleas seeking an independent probe into the Pegasus snooping allegations are based on “conjectures and surmises or on other unsubstantiated media reports or incomplete or uncorroborated material”.

    The pleas are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli firm NSO’s spyware Pegasus. An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.

  • Supreme Court to hear on Monday pleas seeking independent probe into Pegasus snooping row

    By PTI

    NEW DELHI: The Supreme Court is scheduled to hear on Monday a batch of pleas seeking an independent probe into the alleged snooping on certain people in India involving Israeli spyware Pegasus.

    A three-judge bench headed by Chief Justice NV Ramana had on September 7 had granted more time to the Centre to decide on filing a further response on the petitions after Solicitor General Tushar Mehta said that due to some difficulties he could not meet the officials concerned to take a decision on the filing of the second affidavit.

    The Centre had earlier filed a limited affidavit in the apex court saying the pleas seeking an independent probe into the Pegasus snooping allegations are based on “conjectures and surmises or on other unsubstantiated media reports or incomplete or uncorroborated material”.

    On August 17, the top court had issued notice to the Centre on the pleas, making it clear that it did not want the government to disclose anything which compromises national security. In its short affidavit filed in the court earlier, the Centre had said the position on the issue has already been clarified in Parliament by Information Technology Minister Ashwini Vaishnaw.

    It had said that with a view of dispelling any wrong narrative spread by certain vested interests and examining the issues raised, the government will constitute a committee of experts,.

    The top court, while issuing notice on the pleas, had said that it did not want the government to disclose anything related to the national security and had asked the Centre what is the “problem” if the competent authority files an affidavit before it on the issue.

    “Our considered response is what we have respectfully stated in our last affidavit. Kindly examine the issue from our point of view as our affidavit is sufficient,” the law officer had told the bench, adding, “The Government of India is before the highest court of the country.”

    The law officer had said if the government of any country divulges information about which software is used and which is not used, then those involved in terrorist activities may take preemptive measures. The pleas are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli firm NSO’s spyware Pegasus.

    An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.

  • Pegasus row: SC grants more time to Centre for filing response, fixes pleas for hearing on September 13

    By PTI

    NEW DELHI: The Supreme Court on Tuesday granted some more time to the Centre for filing its response to a batch of pleas seeking an independent probe into the alleged Pegasus snooping matter and fixed them for further hearing on September 13.

    A three-judge bench headed by Chief Justice N V Ramana had issued a notice to the Centre on the pleas on August 17, while making it clear that it did not want the government to disclose anything which compromises national security.

    As soon as as the matter came up for hearing before the bench, which also comprised justices Surya Kant and Aniruddha Bose, Solicitor General Tushar Mehta, appearing for the Centre, said that due to some difficulties, the affidavit, sought by the bench, could not be filed and sought listing of the case either on Thursday or Monday.

    “There is some difficulty with the affidavit. We had filed one and you had enquired if we want to file another one, some officers were not there. If this matter can be kept on Thursday or Monday,” the law officer said.

    Senior advocate Kapil Sibal, appearing for senior journalist N Ram, said that he does not have any objection to the request.

    “List it on Monday,” the bench said.

    The court is hearing as many as 12 pleas, including the one filed by the Editors Guild of India, seeking an independent probe into the matter.

    They are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli firm NSO’s spyware Pegasus.

    An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.

  • Pegasus row: SC notice to Centre, Bengal on plea against setting up of Commission of Inquiry by state

    By PTI

    NEW DELHI: The Supreme Court on Wednesday asked the Centre and West Bengal government to respond to a plea challenging the setting up of a Commission of Inquiry by the state to probe the Pegasus snooping allegations.

    A bench headed by Chief Justice N V Ramana issued notices to them and posted the matter for hearing on August 25.

    Advocate Saurabh Mishra, appearing for the petitioner, told the bench that the Commission of Inquiry should not conduct further proceedings in the interregnum.

    He told the bench, also comprising Justices Surya Kant and Aniruddha Bose, that public notice has been issued by the Commission of Inquiry and proceedings are taking place on a day-to-day basis.

    “We will see, wait”, the bench said and asked him to serve the copy of the petition to the respondents.

    The counsel argued that the petition challenges the notification, issued by the West Bengal government last month appointing a Commission of Inquiry to probe into the snooping allegations, on the ground of jurisdiction.

    “The problem is there is some inconsistency in your affidavit. You say you want inquiry, at the same time you are opposing the Commission of Inquiry,” the bench said, adding, “In your affidavit and in your petition, you must be consistent.”

    Solicitor General Tushar Mehta, representing the Centre, said he would be assisting the court on Constitutional questions involved in the matter.

    “This is unconstitutional is all I can say,” he told the bench.

    Former Supreme Court judge Justice Madan B Lokur and former chief justice of Calcutta High Court Justice Jyotirmay Bhattacharya are the members of the Commission of Inquiry announced by the West Bengal government last month.

    An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.

    The apex court had on Tuesday issued notice to the Centre on a batch of pleas seeking independent probe into the alleged Pegasus snooping matter, making it clear that it did not want the government to disclose anything which compromises national security.

    The top court was hearing a batch of pleas, including the one filed by Editors Guild of India, seeking independent probe into the snooping allegations.

    They are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli firm NSO’s spyware Pegasus.

  • Enemies will change, modulate software if information is disclosed: Centre to SC in Pegasus matter

    By PTI

    NEW DELHI: Divulging information whether the country uses spyware like Pegasus or not would involve national security aspect as enemies of the nation or those indulging in terror activities would change or modulate their software, the Centre told the Supreme Court on Tuesday.

    Solicitor General Tushar Mehta, appearing for the Centre, told a bench headed by Chief Justice N V Ramana that those involved in terror activities may take pre-emptive steps if the government divulges details of which software is used for various purposes including interception.

    “Suppose, I am heading a terrorist organisation. I am using several apparatus for the purpose of communicating with my sleeper cells etc. The moment any government of any country says that no, we are not using a particular software, I will change my software or I will modulate my software to such an extent that at least they are not compatible with what the government is using,” Mehta told the bench, which also comprised Justices Surya Kant and Aniruddha Bose.

    The apex court, which made clear that it did not want the government to disclose anything which compromises national security, issued notice to the Centre on a batch of pleas seeking independent probe into the alleged Pegasus snooping matter and posted the matter for hearing after 10 days.

    During the arguments, Mehta said this can’t be a subject matter of affidavit and public debate and the government has said in its limited affidavit that it will constitute a committee of experts to examine all the aspects of Pegasus issue.

    “The moment I say Pegasus is not being used, all the apparatus which the enemies of the country are using can be reset in a module that it is not compatible. These are the issues which we will place before the technical committee and if the technical committee records everything and comes before your lordships, there is nothing wrong,” Mehta said.

    “Those who are in terrorist activities they may take pre-emptive or corrective steps,” he added.

    The bench said it does not want to know what mechanism the defence ministry or other ministries have evolved or set up for the defence of the nation and it is not asking the Centre to disclose any such thing.

    Mehta argued that senior advocate Kapil Sibal, appearing for veteran journalists N Ram and Sashi Kumar who have filed a petition in the matter, had rightly said on Monday that there is a statutory mechanism and rules which allow interception and this is necessary to combat terrorism.

    “Kindly visualise, tomorrow a narrative is built by some web portals that military equipment is used for some illegitimate purpose. Somebody, who has nothing to do with this, can file a petition. If I will advise the government that you file an affidavit on use of military equipment, then I will be failing in my duty,” he said.

    Mehta said the petitioners are seeking inquiry in the matter and the government has said that it will constitute a committee of experts.

    He said the committee will consist of neutral experts and not government officials and the panel will file its report before the apex court.

    “I don’t think there can be anything fair than this,” Mehta said.

    The bench said it in not compelling the government to divulge anything which they do not want to.

    “Tentatively, what we are thinking is without any further debate on the issue, we will issue notice before admission,” the bench said and issued notice to the Centre.

    The court is hearing a batch of pleas, including the one filed by Editors Guild of India, seeking independent probe into the matter.

    They are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli firm NSO’s spyware Pegasus.

    An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.

    The Centre had Monday filed a limited affidavit in the apex court and said that pleas seeking an independent probe into the Pegasus snooping allegations are based on “conjectures and surmises or on other unsubstantiated media reports or incomplete or uncorroborated material”.

    It had said that position on the issue has already been clarified in Parliament by IT Minister Ashwini Vaishnaw.

    With a view to dispelling any wrong narrative spread by certain vested interests and examining the issues raised, the government will constitute a committee of experts, it had said.

  • ‘Will the offender investigate himself’: Congress on Centre’s affidavit in SC in Pegasus case

    By PTI

    NEW DELHI: With the Centre telling the Supreme Court that a group of experts will examine the issue of alleged snooping, the Congress on Monday asked whether “the offender will investigate himself” and demanded that Prime Minister Narendra Modi answer whether the Pegasus spyware was bought or not.

    The Ministry of Electronics and Information Technology in a two-page affidavit told a Supreme Court bench that “to dispel any wrong narrative spread by certain vested interests” and with an object of examining the issues raised, the Centre will constitute a committee of experts in the field which will go into all aspects of the issue.

    Reacting to the development, Congress’ chief spokesperson Randeep Surjewala tweeted, “Mr.’SNOOP-BOND’, Pl tell the Nation this much – Did you or not buy Pegasus Spyware? How does it impact ‘National Security’?” “Mr.

    ‘SNOOPING-BOND’, Spying on Opposition, Spying on Judges, Spying on CBI Chief, Spying on Journalists, Spying on Union Min, Spying on Lawyers, Spying on Ex PM, Ex CM’s. How is this ‘National Security’? Can’t pull wool over the ‘truth’!” he said in another tweet, using the hashtag ‘PegasusSnoopingScandal’.

    Asked about the development at a press conference, Surjewala said, “How can the cat guard the milk.”

    “Does the respected Supreme Court not know that only those who spied will investigate now? Will the offender investigate himself?” he asked.

    “Give a direct answer Modi ji, I again ask through television channels that the people of India want to know – did you buy Pegasus spyware or not?” he said.

    In an affidavit filed before a bench of Chief Justice N V Ramana and Justices Surya Kant and Aniruddha Bose, the government said its position on the alleged Pegasus snooping has already been clarified in Parliament by IT Minister Ashwini Vaishnaw.

    “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,” the affidavit said.

    With a view to dispelling any wrong narrative spread by certain vested interests and with an object of examining the issues raised, the government will constitute a committee of experts, it said.

    The Supreme Court said it cannot compel the “reluctant” Centre to file a detailed affidavit on pleas seeking information if Pegasus spyware was used to snoop on certain citizens and steps it took to probe the allegations.

  • Petitions seeking probe based on ‘conjectures and surmises’: Govt to SC on Pegasus snooping row

    By PTI

    NEW DELHI: The Centre on Monday told the Supreme Court that a batch of petitions seeking an independent probe into the Pegasus snooping allegations is based on “conjectures, surmises” and unsubstantiated media reports and a group of experts will examine all issues raised.

    In an affidavit filed before a bench of Chief Justice N V Ramana and Justices Surya Kant and Aniruddha Bose, the government said its position on the alleged Pegasus snooping has already been clarified in Parliament by IT Minister Ashwini Vaishnaw.

    ALSO READ | Pegasus row: NCP asks Centre to probe if any foreign powers snooped on Indian judges, politicians

    “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,” the affidavit said.

    With a view to dispel any wrong narrative spread by certain vested interests and with an object of examining the issues raised, it said, the government will constitute a committee of experts.

    During the brief hearing, the bench said it will take up the matter at the end of board of the day’s business.

    On August 10, the top court had taken exception to “parallel proceedings and debates” on social media on the snooping row by some petitioners and said that there must be some discipline and they must have “some faith in the system”.

  • Pegasus row: SC to continue hearing batch of pleas seeking probe into alleged snooping

    By PTI

    NEW DELHI: The Supreme Court is scheduled to hear on Monday a batch of petitions, including those filed by the Editors Guild of India and senior journalists N Ram and Sashi Kumar, seeking independent probe into the alleged Pegasus snooping matter.

    A bench of Chief Justice N V Ramana and justices Suryakant and Aniruddha Bose will continue hearing the matter.

    On August 10, the top court had taken exception over “parallel proceedings and debates” on social media by some petitioners who have sought independent probe into the alleged Pegasus snooping issue and said there must be some discipline and they must have “some faith in the system”.

    The top court had said that it would take a call on August 16 on whether to issue notice to the Centre on pleas seeking probe into the Pegasus row and emphasised that it is not against debate but when the matter is pending in the apex court it should be deliberated upon here.

    The bench had said that it expects that petitioners who are interested in the matter would answer whatever queries the court would put to them by way of proper debate “in the court and not outside”.

    Solicitor General Tushar Mehta had told the court that he needs instructions from the government on the batch of pleas.

    The apex court is hearing a batch of pleas, including the one filed by the Editors Guild of India, seeking independent probe into the alleged Pegasus snooping matter.

    They are related to reports of alleged snooping by government agencies on eminent citizens, politicians and scribes by using Israeli firm NSO’s spyware Pegasus.

    An international media consortium has reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using Pegasus spyware.

    Earlier, during the hearing of the matter, the top court had said that allegations of Pegasus related snooping are “serious in nature” if reports on them are correct.

    It had also asked the petitioners whether they had made any efforts to file a criminal complaint on this.

    The apex court, which had asked the petitioners to serve the copies of the pleas to the Centre, had also questioned why the matter has suddenly cropped up now when it had come to light way back in 2019.

    Editors Guild of India has sought in its plea that a special investigation team be set up to conduct a probe into reported surveillance of journalists and others.