The decision was made in response to a batch of 12 petitions that demanded an impartial investigation into the claims of improper surveillance that arose in the media. The Supreme Court ordered a “thorough investigation” into claims of unlawful eavesdropping using the Pegasus malware on Wednesday, making clear that the State cannot get a “free pass”.
The inquiry will be conducted by a three-member technical committee appointed by the court, and its operations will be overseen by Justice R V Raveendran, a retired Supreme Court judge, who will be assisted by two other specialists. The decision was made in response to a group of 12 petitions that sought an independent investigation into claims of improper surveillance that arose in the media.
Whether the Pegasus suite of spyware was deployed on phones or other devices used by Indian residents to access stored data, eavesdrop on conversations, intercept information, and/or for any other purpose not expressly stated herein? The investigation will be led by a three-member technical committee appointed by the court, and its operations will be overseen by Justice R V Raveendran, a retired Supreme Court judge, who will be assisted by two other specialists.
National security cannot be a thorny issue that the judiciary avoids simply by bringing it up. Although this Court should exercise caution when interfering with national security, no blanket bar on judicial review can be justified. The ability to go into factual issues is limited under writ jurisdiction.
For example, the use of technology on citizens, which is a fact of jurisdiction, is disputed and necessitates additional factual investigation. Some prominent personalities kicked up a row in the Apex Court in response to revelations released in 2019 about the hacking of Indian citizens’ WhatsApp accounts using the Pegasus suite of malware.
Whether the Respondent-Union of India, any State Government, or any central or state agency acquired any Pegasus suite of spyware for use against Indian citizens? If a governmental agency employed the Pegasus suite of spyware on individuals of this country, under what legislation, regulation, guideline, protocol, or legal procedure was such deployment carried out?
