New Delhi: The Supreme Court on Wednesday set up a 3-member probe panel to look into the alleged Pegasus spyware case. A bench headed by CJI NV Ramana heard the pleas which had sought an independent court-monitored probe into the alleged Pegasus spyware case. Former SC judge, Justice RV Raveendran will head the probe panel, aided by Alok Joshi and Sundeep Oberoi.
"The state cannot get a free pass every time by raising national security concerns. No omnibus prohibition can be called against judicial review. The centre should have justified its stand here and not render the court a mute spectator," SC said, adding that there has been no specific denial by the Centre in the issue, and thus had no option but to accept the submissions of petitioner prima facie and appoint an expert committee whose function will be overseen.
The Court further said that it has chosen renowned experts to be a part of the committee to probe the falsity and discover the truth in the Pegasus row, adding that the Right to Privacy violation needs to be examined.
A foreign agency involved in surveilling Indians is of serious concern and that as we live in the era of information, we must recognise that while technology is important, it's important to safeguard the right to privacy, not only for journalists but for all citizens, SC observed.
Earlier, the bench had said that it intends to set up an expert panel to probe into the reports alleging the government of using Israeli software to spy on politicians, activists, and journalists.
The apex court on September 13 had said that it will pass an interim order in two-three days on pleas seeking an independent probe. However, on September 23 the bench stated that it was taking time to pass the order as some experts, which it had in mind to be members of the committee, had expressed personal difficulties to be part of the same.
The Centre had earlier told the apex court that it was willing to set up a committee to examine the alleged Pegasus snooping row but maintained what software was used for interception in the interest of national security can't be open for public debate.
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The government had also contended that it is willing to place the details of surveillance before the expert committee proposed to be constituted by it in order to examine the issues and the committee can give a report to the Supreme Court.
On the other hand, the petitioners' lawyers repeatedly told the Bench that the Central government has evaded answering the question if it or any of its agencies have ever used the Pegasus spyware and urged the court to direct the government to come clean on this issue.
There are many pleas filed before the top court by senior journalists N Ram and Sashi Kumar, Rajya Sabha MP John Brittas of Communist Marxist Party of India (Marxist) and advocate ML Sharma, former Union minister Yashwant Sinha and RSS ideologue KN Govindacharya.
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Journalist Paranjoy Guha Thakurta, SNM Abdi, Prem Shankar Jha, Rupesh Kumar Singh and Ipsa Shatakshi, who are reported to be on the potential list of snoop targets of Pegasus spyware, had also approached the top court along with The Editors Guild of India (EGI) among others.
The pleas sought inquiry headed by a sitting or retired judge of the top court to investigate the alleged snooping. The plea said that the targeted surveillance using military-grade spyware is an unacceptable violation of the right to privacy which has been held to be a fundamental right under Articles 14, 19 and 21 by the Supreme Court in the KS Puttaswamy case.
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.
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