SC pulls up government, orders probe into Pegasus snooping row

New Delhi: In a major jolt to the Narendra Modi government, the Supreme Court on Wednesday appointed an expert committee under the supervision of a former top court judge, Justice R.V. that ‘justice must not only be done, but also be seen to be done’.” Asking the expert committee to expeditiously place the report before it after a thorough inquiry, Chief Justice N.V. Ramana, heading a bench that also included Justices Surya Kant and Hima Kohli, said: “There has been no specific denial of any of the facts averred by the petitioners by the … Union of India. In such circumstances, we have no option but to accept the prima facie case made out by the petitioners to examine the allegations made.” Dwelling on the Centre’s harping on national security concerns and the fight against terror in refusing to share detailed information on the Pegasus snooping, Chief Justice Ramana said: “The … Union of India must necessarily plead and prove the facts which indicate that the information sought must be kept secret as their divulgence would affect national security concerns. The mere invocation of national security by the State does not render the court a mute spectator.” Accepting that the government can decline to furnish information when constitutional considerations, including the security of the state, or when there is a specific immunity under a specific statute, the court said: “It is incumbent on the State to not only specifically plead such constitutional concern or statutory immunity but they must also prove and justify the same in court on affidavit.” Noting that certain limitations operate in the exercise of the right to privacy as is the case with other fundamental rights, the court said that there has to be a balancing of competing interests -- the concerns of national security and the right to privacy of citizens. The expert panel set up by the court on Wednesday has been tasked to not only probe the snooping but go beyond it to prevent it in future by recommending enactment or amendments to existing laws and procedures on surveillance to secure an improved right to privacy, improve cyber security, prevent the invasion of citizens’ right to privacy, except in accordance with law, by State and non-state entities through such spyware.