'Cannot be mute spectator': Supreme Court forms committee to probe Pegasus

The Supreme Court has formed the committee to probe ‘falsity and discover the truth’ in Pegasus row

The Supreme Court on Wednesday appointed a panel of cyber experts to probe the alleged use of Pegasus spyware for surveillance of certain people, saying every citizen needs protection against privacy vio-lation and mere invocation of "national security by State" doesn't render the court a "mute spectator". Finding material that "prima facie merits consideration", the SC declined the Centre's plea to appoint a panel on its own, saying such a course would violate settled judicial principle against bias.

A bench comprising Chief Justice of India N V Ramana and Justices Surya Kant and Hima Kohli urged SC's former judge Justice R V Raveendran to oversee the functioning of the three-member panel and sought a report expeditiously from the committee.

N V Ramana, chief justice of India

It posted the batch of pleas in the matter, including the ones filed by Editors Guild of India and veteran journalists N Ram and Shashi Kumar, for hearing after eight weeks.

The bench took note of the vehement submissions of the Centre on national security and rejected it saying, "...this does not mean that the State gets a free pass every time the spectre of ‘national security' is raised."

An international media consortium had reported that over 300 verified Indian mobile phone numbers were reportedly on the list of potential targets for surveillance using Pegasus

"In this context, this Court is called upon to examine an allegation of the use of such a technology, its utility, need and alleged abuse. We make it clear that our effort is to uphold the constitutional aspirations and rule of law, without allowing ourselves to be consumed in the political rhetoric.

"This Court has always been conscious of not entering the political thicket. However, at the same time, it has never cowered from protecting all from the abuses of fundamental rights," said the bench.

SC on freedom of press

The SC also observed that freedom of press is an "important pillar" of democracy, and that the court's task in the Pegasus matter assumes great significance with regard to the importance of protection of journalistic sources and the "potential chilling effect" that snooping techniques may have. It said it's undeniable that surveillance and the knowledge that one is under the threat of being spied on can affect the way an individual decides to exercise his or her rights.

An international media consortium had reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for alleged surveillance using Israeli firm NSO's spyware Pegasus.

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No. of members in court cyber panel

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Weeks after which SC will hear the pleas

Panel members are cyber security, digital forensics experts

The three members of the panel roped in by the SC would comprise eminent experts - Naveen Kumar Chaudhary, Prabaharan P and Ashwin Anil Gumaste.

Chaudhary is a Professor (Cyber Security and Digital Forensics) and Dean, National Forensic Sciences University, Gandhinagar, Gujarat. He has over two decades of experience as an academician, cyber security enabler and expert and specialises in cyber security policy, network vulnerability assessment and penetration testing, the SC verdict said.

Prabaharan is Professor (School of Engineering), Amrita Vishwa Vidyapeetham, Amritapuri, Kerala and has "two decades of experience in computer science and security areas". "His areas of interest are malware detection, critical infrastructural security, complex binary analysis, Artificial intelligence and machine learning. He has many publications in reputed journals," the bench said.

Gumaste is Institute Chair Associate Professor (Computer Science and Engineering), Indian Institute of Technology, Bombay, Maharashtra. "He has been granted 20 US patents and has published over 150 papers and authored 3 books in his field. He has received several National awards," the SC said.

What will the court-appointed panel do

. Probe what steps/actions the Centre took after reports were published in 2019 about hacking of WhatsApp accounts of Indian citizens, using Pegasus

. Probe whether any Pegasus suite was acquired by the Centre, or any state government, or any central or state agency for use against the citizens of India

. Probe, if any governmental agency has used the Pegasus spyware on the citizens of this country, under what law, rule, guideline, protocol or lawful procedure was such deployment made

. Take statements of any person for the enquiry and call for the records of any authority or individual

. Make recommendations regarding enactment or amendment to existing law and procedures surrounding surveillance and for securing improved right to privacy, enhancing and improving the cyber security of the nation and its assets

Make recommendations to ensure prevention of invasion of citizens' right to privacy, regarding the establishment of a mechanism for citizens to raise grievances on suspicion of illegal surveillance of their devices

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