Pegasus issue: Editors Guild moves SC, seeks SIT probe into snooping allegations

Photo for representational purpose. Pic/ istock

The Editors Guild of India (EGI) has moved the Supreme Court seeking a court-monitored SIT probe into reports of surveillance of journalists, activists and politicians, including opposition leaders, using Israeli spyware Pegasus, as per a report in LiveLaw.

The EGI has filed a writ petition in the Apex court through Advocates Rupali Samuel, Raghav Tankha and Lzafeer Ahmad B F (AOR).

"Freedom of the press relies on non-interference by the government and its agencies in reporting of journalists, including their ability to securely and confidentially speaking with sources, investigate abuse of power and corruption, expose governmental incompetence, and speak with those in opposition to the government", reads the petition.

The petition also sought directions to be issued to the Central government to produce details of contracts entered into with foreign companies for deploying spyware for surveillance and the persons against whom such spyware was used.

"The citizens of India have a right to know if the Executive government is infringing the limits of their authority under the constitution and what steps have been taken to safeguard their fundamental rights. All attempts to seek accountability and enforce constitutional limits through Parliamentary processes have been stonewalled. Through their intransigence, the respondents have deliberately avoided public debate on this issue and have provided obfuscated answers, forcing the petitioner to approach this Hon'ble Court to seek the enforcement of the public's right to know, in performance of their obligations as trustees of the public, and on behalf of all citizens of India", added the plea.

Apart from seeking SIT probe, the petitioner also sought directions to be issued to the Centre to produce orders issued authorising the interception, monitoring and decryption of electronic communication devices of citizens under the relevant law and rules, with the reasons in writing for issuance of the same, stated a report in Bar and Bench.

The plea also sought information regarding the following:

• Did the Union of India, or any of its agencies, procure, license, obtain and/or use the spyware ‘Pegasus' from ‘NSO Group' or its group companies and/or affiliates on Indian citizens?
• Did the Union of India, or any of its agencies, procure, license, obtain and/or use of spyware, hacking or electronic surveillance tools of any name from ‘NSO Group' or its group companies and/or affiliates on Indian citizens?
• Direct the Union of India to produce any contracts, agreements, memoranda of understanding entered into with foreign companies for supplying spyware, hacking or electronic surveillance for use on Indian citizens.
• Direct the Union of India to disclose the details of the list of people that have been under electronic surveillance, hacking, or otherwise spied on, including the details of who prepared and populated the said list and the details of every Indian citizen on the list.

Earlier, the EGI had tweeted a press statement, saying it is "shocked" by the media reports on the wide spread surveillance, allegedly by government agencies, using Pegasus.

This would be the fourth PIL filed before Supreme Court in relation to the scandal. Earlier, advocates ML Sharma, Rajya Sabha MP John Brittas and journalists, N Ram and Sashi Kumar had also approached the top court for probe into the issues. Those petitions are slated for hearing on August 5.

Also Read: Senior journalists move Supreme Court, seek independent enquiry

Five journalists-- Paranjoy Guha Thakurta, SNM Abdi, Prem Shankar Jha, Rupesh Kumar Singh and Ipsa Shataksi--had filed writ petitions in SC on Monday contending that unauthorised use of Pegasus spyware by government agencies violated their fundamental rights under the Constitution.

The Pegasus controversy erupted on July 18 after The Wire and several other international publications published reports about the mobile numbers which were potential targets of the spyware service given by NSO company to various governments, including India. 40 Indian journalists, political leaders like Rahul Gandhi, election strategist Prashant Kishore, former ECI member Ashok Lavassa etc are reported to be in the list of targets, as per The Wire.