Seek independent probe into Pegasus snooping matter: SC notice to Centre

New Delhi, Aug 17 (PTI): The Supreme Court Tuesday issued notice to the Centre on a batch of pleas seeking independent probe into the alleged Pegasus snooping matter, making it clear that it did not want the government to disclose anything which compromises national security.
The apex court, which asked the Centre what is the problem if the competent authority files an affidavit before it on the issue, said it was not asking the government to disclose any information which relates to security and defence of the nation as these things must be confidential and secret .
A bench headed by Chief Justice N V Ramana said this after Solicitor General Tushar Mehta, appearing for the Centre, said that divulging information on affidavit on the issue of whether the Israeli firm NSO’s Pegasus spyware was used or not would involve the aspect of national security.
The bench said the petitioners, who are civilians and some of them are persons of eminence, have alleged snooping on their phones through the spyware. They are alleging snooping or hacking or whatever you call interception of their phones. Now, this can be done in case of civilians also and rules permits this. But that can be done only with the permission of the competent authority.
There is nothing wrong in that. What is the problem if that competent authority files an affidavit before us, the bench, also comprising Justices Surya Kant and Aniruddha Bose, told Mehta.
The bench said it doesn’t want even a word in the affidavit regarding the defence or national security of the country.
That issue is absolutely beyond the domain of these proceedings and like you, we are extremely reluctant to know anything about that… That is something which must be confidential and secret. There is no issue on that, the bench said.
While referring to the aspect of national security, Mehta said the government is not saying it will not tell this to anyone.
“I am just saying that I don’t wish to tell it publicly,” he told the bench, which posted the matter for hearing after 10 days.
He said the government had made its stand clear in the affidavit which was filed on Monday.

‘Nation’s enemies will change, modulate software if info is disclosed’

Divulging information whether the country uses spyware like Pegasus or not would involve national security aspect as enemies of the nation or those indulging in terror activities would change or modulate their software, the Centre told the Supreme Court on Tuesday. Solicitor General Tushar Mehta, appearing for the Centre, told a bench headed by Chief Justice N V Ramana that those involved in terror activities may take pre-emptive steps if the government divulges details of which software is used for various purposes including interception.

Suppose, I am heading a terrorist organisation. I am using several apparatus for the purpose of communicating with my sleeper cells etc. The moment any government of any country says that no, we are not using a particular software, I will change my software or I will modulate my software to such an extent that at least they are not compatible with what the government is using, Mehta told the bench, which also comprised Justices Surya Kant and Aniruddha Bose.
The apex court, which made clear that it did not want the government to disclose anything which compromises national security, issued notice to the Centre on a batch of pleas seeking independent probe into the alleged Pegasus snooping matter and posted the matter for hearing after 10 days.