New Delhi: The Supreme Court bench led by Chief Justice of India NV Ramana reserved its order on a batch of petitions seeking an independent probe into the Pegasus spying case wherein phones of many journalists, academicians, lawyers and activists were allegedly hacked through 'Pegasus', a malware.
The bench, also comprising of Justice Surya Kant and Justice Hima Kohli, said they wanted the government to convey its stand over the issue so they could order an appropriate inquiry. However, since the government's stand was not clear, it would look into the whole issue and pass an order in two to three days.
The Centre, represented by Solicitor General Tushar Mehta, submitted once again before the court today that the government cannot say whether it used the Pegasus software or not since that would alert the terror groups. SG Mehta said the government cannot sensationalise an issue and put matters regarding national security in a public affidavit.
He said the Centre was willing to constitute a committee with domain experts, who never served the government, to probe the matter and there shall be no credibility issue. Further, he argued that even if the government denied usage of the software, the petitioners would not withdraw the plea and an inquiry will have to be conducted later.
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"You are repeatedly saying that you don't want to put anything in public domain. We also made it clear that we don't want anything, these advocates also made that clear. Question is that, assume an expert committee is appointed, it places a report before us. Will that not come in public domain?," CJI Ramana said.
SG Mehta said that it is up to the court to decide.
During the hearing, the petitioners argued before the court that government could not deny justice to them for violation of their fundamental right of privacy and should make its stand clear on the allegations.
Senior Advocate Kapil Sibal cited Germany's example that accepted using malware to combat terrorist groups and asked why India could not do it. He also told the court that various international agencies have accepted that the phones of several Indians had been hacked. The petitioners submitted before the court that irrespective of whether it was someone from the government or outside, the matter will have to be investigated.
During the earlier hearings, the court had asked the government to submit a detailed affidavit regarding its stand. However, the government has maintained that it cannot divulge any details as it can have an impact on national security.
The court will pass orders in two to three days.
