GUWAHATI: The Supreme Court on Tuesday, April 29 observed that possessing spyware is not inherently problematic for a nation, but emphasised that its use must be scrutinised.
A bench of Justices Surya Kant and N Kotiswar Singh made the observation during a hearing on writ petitions seeking an independent probe into the alleged surveillance of journalists, activists and politicians using Pegasus spyware.
Senior Advocate Dinesh Dwivedi argued that the core issue was whether the Government of India acquired and used Pegasus. Justice Kant interjected, stating there is nothing wrong in owning spyware, but concerns arise over who it is used against. He asserted that national security cannot be compromised, but added that the right to privacy for ordinary citizens remains protected under the Constitution.
Solicitor General Tushar Mehta said terrorists cannot claim privacy rights. However, Senior Advocate Kapil Sibal, appearing for journalist Paranjoy Guha Thakurta, cited a US court judgment in a case filed by WhatsApp against NSO Group, which named India among countries where the spyware was allegedly used.
The bench questioned what issues remained, given the Court had already issued a detailed judgment in 2021 and constituted a committee led by Justice R V Raveendran to investigate the allegations. Sibal argued that the US judgment provided factual clarity, unlike the situation in 2021, and urged the Court to release the committee’s report to affected individuals with redactions for sensitive content.
Justice Kant confirmed the Court would not allow disclosure of information related to national security but indicated willingness to release individual-related portions. The matter was adjourned to July 30 to allow petitioners to circulate the US ruling.
The petitions stem from reports by The Wire and global media, revealing a list of surveillance targets allegedly selected using Pegasus, including journalists and public figures in India.