Pegasus Row: SC asks Centre to file Affidavit in response to plea for investigation

Pegasus Spyware Law Insider

Greeva Garg – 

Published on: August 16, 2021 16:26 IST

The Supreme Court resumed hearing in the Pegasus Row Case after the Central Government filed an affidavit in response to the plea seeking for Court-monitored probe, a Judicial inquiry and directions to the Government to reveal details about whether it had used the Pegasus software to spy on citizens.

The Centre filed a limited two-page affidavit on Pegasus Row controversy and unequivocally denied all the allegations made against the Government by petitioners seeking for investigation into the matter.

The Centre in their affidavit stated that, “PIL by petitioners have made allegations based on conjectures and surmises on other unsubstantiated media reports or incomplete or uncorroborated material.”

The petitioners led by Journalist N Ram, Editors Guild alleged the Government for using military spyware to snoop on journalists, politicians, and activists. 

The Centre submitted the affidavit before the bench comprising Chief Justice NV Ramana, Justice Surya Kant and Justice Aniruddha Bose.

The Supreme Court took note of the fact that the affidavit filed by the Central Government in response to pleas calling for investigation into the Pegasus scandal did not reveal whether or not it has used the spyware.

“Whatever you want to say, why don’t you file a detailed affidavit? We will also get a clear picture whether or not you have used the spyware,” the Court said.

Seeking to know if the Union Government wants to file an additional affidavit on using the Pegasus spyware, the Supreme Court adjourned the hearing of a batch of PILs till tomorrow, August 17.

Solicitor General of India Tushar Mehta, appearing for the Centre, said that the issue involved aspects of national security and was not simple enough to be addressed through affidavits.

“This matter if gone into will have national security implications. This matter cannot be handled like furnishing an affidavit etc. This is an issue in which facts placed etc will have national security concerns. There is a system in place,” Solicitor General Mehta said.

In addition, the Centre stated that there is nothing to hide by them in the Pegasus snooping allegations and it will constitute a committee of eminent experts to examine all the aspects.

Senior Advocate Kapil Sibal took objection to the “limited affidavit” filed by the Centre and stated, “It is the judiciary and the media which protect democracy and both have been attacked by Pegasus. We don’t want the Government which might have used Pegasus to set up a committee.”

“The competent authority as per Section 69 of the IT Act is the Secretary of the Ministry of Home Affairs to file the affidavit,” Sibal added.

“We will continue tomorrow. We cannot compel you, if it is reluctant. But if you have a change of mind, let us know tomorrow. If Mr. Mehta may decide not to file an affidavit, then we have nothing to say, else we will hear all of you,”the Chief Justice of India said before winding up today’s hearing. 

Also Read: The Pegasus Controversy: It’s Implications in India

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