There is nothing wrong with a country using spyware for security purposes; the question lies in against whom it is used, Supreme Court of India observed orally on Tuesday during the hearing of the Pegasus spyware matter.
“What is wrong if the country is using the spyware. To have a spyware, there is nothing wrong. Against whom it is used it is the question. We cannot compromise or sacrifice the security of the nation,” said Justices Surya Kant.
A bench of Justices Surya Kant and N Kotiswar Singh was considering a batch of writ petitions filed in 2021 seeking an independent probe into the allegations of targeted surveillance of journalists, rights activists and politicians using the Israeli spyware Pegasus.
During the hearing, Senior Advocate Dinesh Dwivedi, counsel for petitioners, told the top court that the basic issue in the case was whether India government had the Pegasus spyware and was using it.
“The basic issue is whether they have this spyware or whether they purchased it or not. If they have it, there is nothing to prevent them from using it continuously even today. So even if it comes to the fore that my clients were not hacked…”
Meanwhile Solicitor General of India Tushar Mehta said in the top court, “Terrorists cannot claim privacy rights.”
“Any report which touches the security and sovereignty of the country will not be touched. But individuals who want to know whether they are included, that can be informed. Yes, individual apprehension must be addressed but it cannot be made a document for discussion on the streets,” the bench stated during the hearing.
The bench adjourned the hearing till July 30, 2025, allowing the petitioners to place on record a judgment pronounced by a Court in the United States of America in a case filed by WhatsApp against Pegasus, reports Live Law.
In 2021, the Supreme Court ordered an inquiry into claims that Israeli spyware was deployed by government agencies to surveil politicians, journalists, and activists, and had set up both technical and supervisory committees to investigate the issue.
The technical panel, which included three experts on cyber security, digital forensics, networks, and hardware, was asked to “inquire, investigate and determine” whether Pegasus spyware was used for snooping on citizens.
On August 25, 2022, the top court stated that the technical panel appointed by it to probe the unauthorised use of Pegasus found some malware in five of 29 examined cellphones but it could not be held that the Israeli spyware was used.
