Supreme Court Wants To Know If Centre Will File Affidavit On Using Pegasus; Adjourns Hearing To Tomorrow

Seeking to know if the Union Government wants to file an additional affidavit on using the Pegasus spyware, the Supreme Court on Monday adjourned the hearing of a batch of PILs seeking probe into the snooping controversy till tomorrow.The Centre had filed a "limited affidavit" today denying the allegations of the petitioners and also expressing the willingness to form a committee to examine the issue to dispel "any wrong narrative by vested interests".In the hearing today, the petitioners' lawyers repeatedly highlighted that the Union Government has evaded answering the question if it or any of its agencies have ever used the Pegasus spyware. The petitioners urged the Court to direct the Union to come clean on this issue.Solicitor General of India Tushar Mehta, appearing for the Centre, said that the issue involved aspects of national security and was not simple enough to be addressed through affidavits. He asked if the petitioners will withdraw the petitions if the Government denies using Pegasus.After a long hearing which lasted for nearly two hours, the bench adjourned the hearing to tomorrow, to see if there is any "change of mind" on the part of the Centre as regards filing an additional affidavit."We will continue tomorrow. If you have a change of mind, let us know tomorrow. If Mr.Mehta may decide to file an affidavit, then we have nothing to say, else we will hear all of you", the Chief Justice of India said before winding up today's hearing. The bench said that it cannot compel the Centre to file an affidavit if it is "reluctant" to do so.A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Aniruddha Bose was hearing a batch of petitions seeking a court-monitored probe by a Special Investigation Team or a judicial probe into the reports of snooping of activists, journalists, politicians and constitutional authorities using the Pegasus spyware.On August 12, the Solicitor General of India Tushar Mehta had sought time to get instructions from the Union Government as regards the response to the pleas.Today, when the hearing started, the Solicitor General informed the bench that the Union of India has filed a "limited counter-affidavit" in the matter. In its two-page affidavit filed by the Additional Secretary in the Ministry of Electronics & IT, the Centre denied all allegations raised by the petitioners as "based on conjectures and surmises or on other unsubstantiated media reports or incomplete or uncorroborated materials". Referring to the statement made by Union IT Minister Ashwini Vaishnaw in the Parliament on the Pegasus issue, the Centre's affidavit stated that nothing remains to be done in the petitioners, "more particularly when the petitioners have not made out a case". Also, the Centre said that "it will soon set up a Committee of Experts examine all issues raised in the Pegasus controversy to dispel any wrong narrative spread by certain vested interests"."This is a technical issue. It needs specialized expertise. We will appoint neutral eminent people of the field. I don't think government can be more transparent and impartial than this", the Solicitor General submitted.Government must state on oath if they have used Pegasus or not : SibalSenior Advocate Kapil Sibal took objection to the "limited affidavit" filed by the Centre citing shortage of time."The Government of India must state on oath if they or their agencies have ever used Pegasus. This fact has to be either denied or accepted. That is not done in the affidavit filed by the Centre. This affidavit does not answer the issues raised by the petitioners", Sibal, appearing in the petitions filed by journalists N Ram and Sashi Kumar submitted. Sibal also submitted that the Government has made a sweeping denial of the petitions in generic terms."They must state why facts stated in petition are wrong and that government of India or its agencies has nothing to do with Pegasus", he said.Sibal also pointed out that the former IT Minister had told the Parliament in 2019 that nearly 121 Indians' phones were targeted by Pegasus."This was in 2019. What have they done till then? That's why they don't want to respond on facts. This is a serious question, as many have said their phones were infiltrated", Sibal said. Judiciary and media attacked : SibalSibal said that the issue was not about individuals but about "institutions". It is the judiciary and the media which protect democracy and both have been attacked by Pegasus, he said. He referred to the reports of the officials of the Court figuring in the potential list of Pegasus targets.We don't want a Government might used Pegasus to set up a committee : Sibal"We don't want the government which might have used Pegasus to set up a committee. Where is the question of committee coming? They should be given enough time to submit an affidavit on facts", Sibal submitted.Home Secretary should file the affidavit : SibalSibal pointed out the the affidavit of the...

Supreme Court Wants To Know If Centre Will File Affidavit On Using Pegasus; Adjourns Hearing To Tomorrow

Srishti Ojha

The Centre argued that the issue involved aspects of national security; petitioners highlighted Centre's present affidavit does not answer if it has ever used Pegasus.

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