PIL Filed in Supreme Court Demanding a Court-Monitored SIT Investigation into Pegasus Snooping Allegations
(Judicial Quest News Network)
A PIL has been filed in Apex Court seeking court-monitored probe by a special Investigation Team into the ongoing allegations against the government that snooping using Israeli spyware Pegasus over journalists, activists, politicians etc.
The petition filed by a Delhi-based Advocate ML Sharma said the use of Pegasus is not just eavesdropping on conversations; it can be used to access the entire digital imprint of your life. It renders helpless not just the owner of the phone hacked but everyone who is in contact with them.
Privacy is not about the wish to hide, as is often asserted. It is about having a space of one’s own where our thoughts and being are not the instrument of someone else’s purposes. It is an essential component of dignity and agency. Pegasus is a chilling software. It is not just eavesdropping on conversations; it can be used to access the entire digital imprint of your life. It renders helpless not just the owner of the phone hacked but everyone who is in contact with them.
ML Sharma is known for rushing to the Supreme Court with PILs in sensational cases such as Rafael deal, Article 370, Hyderabad Police Encounter etc. In 2018, the Supreme Court had imposed a cost of Rs.50,000/- on him for filing a frivolous PIL against the then Finance minister Arun Jaitley.
IN the present PIL on Pegasus issue lists the Prime Minister Narendra Modi and Central Bureau of Investigation as respondents.
The PIL claimed that around 50,000 phone numbers were believed to be targeted by clients of the company, NSO Group since 2016, that was leaked to the major outlets.
It further submits that Pegasus is not just a surveillance tool. It is a cyber-weapon being unleashed on the Indian polity. Even if authorized (which is doubtful), the use of Pegasus poses a national security risk.
The PIL sought a direction to frame an SIT under the supervision of the top court for investigation into the scandal and to prosecute all accused persons and ministers for buying of Pegasus and alleged snooping of citizens of India, including judges, opposition leaders, political persons, activists, Advocates and others, for vested political interest since 2017.
If Pegasus is present in India, we stand out because we are part of a club of mostly authoritarian and semi-authoritarian states using this technology. It does not speak well of us as a democracy. It also does not speak well of us as a capable state. If our capabilities are so low that private foreign contractors are rampant, it is probably also an indication that we have no means of protecting ourselves. Said the petition.
The petitioner contends purchase of Pegasus software and its payment is clear violation of Articles 266(3), 267(2) and 283(2) of the Constitution by which no authority may incur any expenditure or enter into any liability involving expenditure or transfer of money for investment or deposit from Government account unless such expenditure or transfer, as the case may be, has been sanctioned by general or special orders of Government or by any authority to which power has been duly delegated in this behalf.
Attack on Democracy, Judiciary and Security
The Pegasus scandal is a matter of grave concern and a serious attack upon Indian democracy, judiciary and country security. The widespread and unaccountable use of surveillance is morally disfiguring. Privacy is not about the wish to hide, as is often asserted. It is about having a space of one’s own where our thoughts and being are not the instrument of someone else’s purposes. It is an essential component of dignity and agency. Pegasus is a chilling software. The petition is likely to come up for hearing on coming days.
