SC Backs Use Of Pegasus For 'National Security' In Wake Of Pahalgam Attack; Says Terrorists Have 'No Right To Privacy'

New Delhi: Amid heightened national security concerns following the recent Pahalgam terror attack that claimed 26 lives, the Supreme Court on Monday, April 29, observed that the government’s use of spyware is not inherently objectionable, provided it is not deployed to monitor civil society.

The court was hearing petitions seeking disclosure of the findings from its technical committee’s investigation into allegations of surveillance through Israeli cyber-arms company NSO Group's Pegasus spyware.

‘Security, Not Surveillance, Is the Core Concern’

A bench led by Justice Surya Kant, along with Justice N Kotiswar Singh, emphasised that any probe touching on matters of national security cannot be made public. The court drew a direct connection to the ongoing security situation, in wake of the recent Pahalgam massacre by saying, “The kind of situation we are facing now, we have to be careful.”

Addressing the broader use of spyware, Justice Kant said, “What is wrong if the country is using spyware? Let us be clear, no issue in having spyware. It can be used against some… Let us not compromise the security of the nation. Yes, using against whom is the question? Of course, if it is used against a civil society person, of course, that will be looked at.”

Solicitor General Tushar Mehta, appearing for the Centre, also justified its deployment for anti-terror operations, asserting that “terrorists have no right to privacy.”

'Individual Claims Will Be Addressed Privately'

While the court declined to release the full report compiled by its expert committee, it acknowledged the right of individuals to seek information regarding their personal data. “Any report which touches security and sovereignty of the country it will not be touched,” said Justice Kant. “But individuals who want to know whether they are included, that can be informed.”

The court was responding to demands by petitioners and senior advocate Shyam Divan for full disclosure of the Pegasus committee’s findings. Justice Kant, however, dismissed using international cases as precedents, saying, “Show us the US district court judgment… Yes, individual apprehension must be addressed, but it cannot be made a document for discussion on the streets.”

What Was the Pegasus Controversy?

In 2021, a global media investigation revealed a list of 50,000 phone numbers allegedly targeted using NSO Group's Pegasus spyware, including Indian politicians, journalists, and activists. The revelations sparked major political backlash.

However, the government denied any wrongdoing, claiming all surveillance followed legal procedures. A Supreme Court-appointed panel later found no evidence of Pegasus on the 29 phones it examined, though it did detect other malware on five.

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