Pegasus Row

The Supreme Court of India has clarified that the technical panel’s report on the Pegasus spyware investigation will not be made public, citing concerns over national security and sovereignty. The Court was responding to petitions seeking disclosure and further action over the alleged use of Israeli spyware Pegasus to surveil journalists, politicians, and activists.

Background: What Is the Pegasus Case About?

• In 2021, media reports claimed that Pegasus spyware, developed by Israeli firm NSO Group, was used in India for unauthorized surveillance.
• Alleged targets included civil society members, opposition leaders, and journalists.
• The Supreme Court appointed a three-member technical committee, monitored by Justice R.V. Raveendran, to investigate the matter.
• In August 2022, the Court revealed that malware was found in 5 out of 29 phones, but there was no conclusive proof that Pegasus was used.

What the Supreme Court Said?

• Using spyware is not inherently wrong if it serves national interest; the issue is how and against whom it is used.
• Reports that affect “national security or sovereignty” cannot be made public.
• Individual concerns, such as people who suspect their phones were compromised, can be addressed privately.
• Public discourse cannot be allowed on matters that could compromise national intelligence operations.

Key Legal and Security Dimensions

• Right to Privacy (Article 21) vs. National Security: The case hinges on the balance between privacy rights and the State’s right to safeguard national interests. The Puttaswamy judgment (2017) affirmed privacy as a fundamental right, but allowed restrictions in the interest of national security.
• Judicial Oversight and Transparency: The Court’s refusal to publish the report raises concerns about transparency and accountability in surveillance matters.
  • However, it reinforces the idea that courts act as guardians of both individual rights and national security interests.
• Cybersecurity and Tech Sovereignty: The case reflects growing anxieties around digital surveillance, state-sponsored hacking, and the need for a robust cybersecurity legal framework. Pegasus, being a military-grade spyware, raises international legal and ethical concerns.