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Supreme Court appoints cyber expert panel to probe Pegasus snooping row

The Supreme Court on Wednesday set up a 3-member independent expert panel to probe the alleged use of Israeli spyware Pegasus for targeted surveillance in India, observing the state cannot get a “free pass” every time the spectre of national security is raised and that its mere invocation cannot render the judiciary a “mute spectator” and be the bugbear it shies away from.

Supreme Court appoints cyber expert panel to probe Pegasus snooping row
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New Delhi

In a significant verdict over the issue of protecting citizens’ right to privacy that was welcomed by legal experts, a bench headed by Chief Justice N V Ramana asserted that in a democratic country governed by the rule of law, indiscriminate spying on individuals cannot be allowed except with sufficient statutory safeguards by following the procedure established by law under the Constitution. 

Stating that it was compelled to take up the cause to determine the truth and get to the bottom of the spying allegations, the court said the entire citizenry is affected by these charges due to the “potential chilling effect”, lamenting that no clear stand was taken by the Centre regarding actions taken by it over the Pegasus row. 

The court then went on to list the “compelling circumstances” which prompted it to order the probe, noting the petitioners in the Pegasus spyware case have placed on record certain material that prima facie merits consideration by this court and that there has been no specific denial of any of the facts by the Centre.

‘Freedom of press important pillar of democracy’
Freedom of press is an “important pillar” of democracy, the Supreme Court observed on Wednesday and said the court’s task in the Pegasus matter assumes great significance with regard to the importance of protection of journalistic sources and the “potential chilling effect” that snooping techniques may have. “Such chilling effect on the freedom of speech is an assault on the vital public-watchdog role of the press, which may undermine the ability of the press to provide accurate and reliable information,” said the Supreme Court bench.

Congress welcomes top court order
The Congress welcomed the Supreme Court order of setting up an expert committee and said it has negated alleged attempts of the government to evade and divert attention in the name of national security. Congress leader Gandhi said the SC’s observations on Wednesday “basically supported” what the opposition parties had been saying and they will again raise the issue in Parliament demanding a debate on it.

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