Legal experts hail SC verdict of ordering probe into Pegasus snooping row

Legal experts Wednesday hailed the Supreme Court decision to appoint a panel of cyber experts to probe the alleged use of Israeli spyware Pegasus for surveillance of certain Indian citizens, saying that it reinforced the landmark judgment on the right to privacy.The apex court has appointed a 3-member panel of cyber experts to probe the allegations, saying every citizen needs protection against privacy violation and mere invocation of national security by State does not render the court a mute spectator.Senior advocates Dushyant Dave, Rakesh Dwivedi, Geeta Luthra were unanimous in welcoming the order.

Legal experts Wednesday hailed the Supreme Court decision to appoint a panel of cyber experts to probe the alleged use of Israeli spyware Pegasus for surveillance of certain Indian citizens, saying that it reinforced the landmark judgment on the right to privacy.

The apex court has appointed a 3-member panel of cyber experts to probe the allegations, saying every citizen needs protection against privacy violation and mere invocation of national security by the State does not render the court a mute spectator.

Senior advocates Dushyant Dave, Rakesh Dwivedi, Geeta Luthra were unanimous in welcoming the order. Dave, the former President of the Supreme Court Bar Association (SCBA) termed the verdict as the “watershed moment” and said that it will go a long way in giving a warning signal to the government that they cannot spy on citizens in the garb of national security. While Luthra emphasized on the importance of the liberty of the individuals, Dwivedi called it a victory for the petitioners.

Dave said, “The judgment is truly historic and is a watershed moment in the history of India's Supreme Court because the Supreme Court has not only stood behind the citizens who have complained of illegal and unconstitutional spying but has also ordered a comprehensive inquiry into the allegations.” He emphasized that the apex court protected the right to privacy and ensured that the rule of law in the country prevails and the Constitutional values are respected by the government as well as private agencies.

He said the judgment will go a long way in giving a “warning signal to the government that in the garb of national security, they cannot spy on private citizens by use of lethal technology and enter into their private lives through their devices.” “The Supreme Court has done very well in not accepting the government's so-called defense of national security,” he emphasized, adding that the government tried to scare the Court from constituting an inquiry by using national security as an excuse.

Dwivedi called the verdict a victory for the petitioners as they had prayed for an independent body to scrutinize the snooping allegations and it has been granted.

“It is a historic order. There are very significant remarks in the order that merely by raising the slogan of national security, you [government] cannot prevent the court from scrutinizing. Some evidence should be placed to indicate how national security is impacted,” said Dwivedi, a Constitutional law expert.

He further mentioned that former judge Justice R V Raveendran, who has been tasked to oversee the functioning of the three-member panel, is known for his integrity and impartiality. “He is not a political person at all so there is no bias element,” he highlighted.

Luthra called Justice R V Raveendran exceptional and one of the most erudite judges, adding that the panel has been wisely selected.

Welcoming the judgment, she said, “I am happy that the committee has been set up and the importance that the Supreme Court has given to the rights of privacy. It reinforces the apex court's judgment on privacy.” The courts have time and against laid guidelines on surveillance, but they are not being respected by the bureaucrats who are the ones exercising the power, she said, adding that there has to be a system of checks and balances.

“While the security of the state is important, equally important is the liberty of the individuals. We cannot have a chilling effect in the name of national security,” Luthra said.

An international media consortium had earlier reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for alleged surveillance using Israeli firm NSO's spyware Pegasus.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)