SC says use of spyware not illegal, but expresses concern over alleged misuse of Pegasus

The Supreme Court on Tuesday said there was nothing wrong with India possessing spyware for national security purposes, but expressed concern about its alleged misuse against private individuals, reported Bar and Bench.

A bench of Justices Surya Kant and N Kotiswar Singh was hearing a batch of petitions filed in 2021 seeking an independent investigation into allegations that the Centre used the Israeli NSO Group’s spyware Pegasus to spy on journalists, activists, lawyers, politicians and judges.

“What is wrong if the country is using that spyware against the adverse elements?” the court asked, according to Live Law. “To have a spyware, nothing wrong... We cannot compromise and sacrifice the security of the nation. Private civil individual, who have right to privacy, will be protected under the Constitution... their complaint with regard to that [can always be looked at].”

Senior Advocate Dinesh Dwivedi told the court that the key question was whether the government had the spyware and was using it. “If they have it, there is nothing to prevent them from using it continuously even today,” he said.

In October 2021, the court constituted a three-member technical committee led by former Supreme Court Justice RV Raveendran to investigate the matter after the petitioners established a prima facie case and the centre failed to clarify its position.

The court on...

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