Did govt use Pegasus to snoop on opposition leaders, journalists? SC gears up to hear plea by N Ram, Sashi Kumar

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The petition in the SC cited the work of a consortium of leading publications, which revealed that over 140 persons in India – ministers, political leaders, lawyers, constitutional position holders, lawyers, journalists, and members of civil society – were under surveillance by the use of Pegasus spyware.

The petition argued that forensic analysis conducted on phones suspected to have been targeted revealed that the devices were compromised using the spyware.

The petition is seeking an SC monitored probe, headed by a retired SC judge, into the allegations of snooping. It also seeks clarity from the central government, if it had procured licenses for the Israeli spyware and if it was used to snoop on Indian citizens.

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The petition argued that SC, in the KS Puttaswamy 9-judge-bench judgment, had held that privacy is a fundamental right. The petition claims that surveillance on the scale suggested by the consortium of global publications would be in gross violation of the right to privacy.

The petition also submits that such an invasion of privacy will have a chilling effect on the exercise of freedom of speech and expression, under Article 19(1)(a). The petition further claims that, given that even journalists have been allegedly been targeted using Pegasus, such snooping would also compromise freedom of the press.

The petition terms the allegations of brazen surveillance, as an act of cyber-terrorism, which is punishable under Indian law.

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On the Pegasus issue, there are two other petitions, pending before the SC. The first was filed by advocate ML Sharma. Sharma has often invited the wrath and ridicule of the top court for filing frivolous petitions. The second petition, pending before the SC, on the same issue, is the one filed by Rajya Sabha MP John Brittas.