If Govt Denies Pegasus Use, Will Petitioners Withdraw Petitions? Solicitor General In Supreme Court

The Supreme Court on Monday resumed hearing on the batch of petitions in connection with the Pegasus controversy.At the outset, Chief Justice N. V. Ramana inquired from all senior advocates appearing in the matter if they have perused the counter-affidavit filed by the UOI- "You must have seen the affidavit of the State, the government of India? They have denied in the first two pages, and in the last paragraph, they have taken their stand. Why don't you read that paragraph, Mr. SG?"SG Tushar Mehta proceeded to do as asked, quoting from the affidavit-"All petitions are based on uncorroborated material and media reports...there is nothing in them...This question stands clarified on the floor of the Parliament by the Minister of Railways, Communications, Electronics and Information Technology. In that view of the matter, in the respectful submission of the deponent, nothing further needs to be done. Petitioners have not made out any case. It is however submitted that with a view to dispel any wrong narrative spread by any vested interest and with an object of examining the issue, the Union of India will constitute a committee of experts which will go into all aspects of the issue""I am denying every allegation. This issue is essentially a technical issue. It is one for specialised experts", explained the SG"So all contents in the affidavits have been denied by you? And still, you are wanting to clarify the issue by appointing a committee of experts?", the CJ asked the SG to confirm."The Hon'ble Minister (Ashwini Vaishnaw) made it very clear that this was a sensational story published by a portal a day before the Parliament was about to sit. He has given all the details. His statement has been recorded in the Parliament proceedings which I have verbatim annexed. The minister's response deals with everything, how this hyperbole has started. This is the stand of the central government on merits. However, there is nothing to hide. There is nothing which needs examination, that is the stand. But nonetheless, this is a highly technical issue. This requires specialised expertise. We will appoint neutral, eminent people of the field and they will go into this question and examine the matter and place it before Your Lordships. I don't think the government can be more transparent and fair than this", replied the SG.Next, the SG asked if the bench would like him to go through the statement of the Minister on the floor of the House as the bench may not have had the occasion to read it. "There are details that earlier also certain claims were made and they were denied", pressed the SG. "It is okay. You have said you have nothing to do. Also, on the first day of the hearing, some counsel has read out the statement made by the Minister", said the CJ.The bench then heard the battery of senior advocates appearing for the petitioners.The CJ finally put to the SG, "The sum and substance of the submissions is that the limited affidavit which was filed has not satisfied the petitioners as regards allegation about whether the government has at all used the software or not, or otherwise if somebody used it, have you given any permission. So unless you furnish this information, they are unable to go ahead with the arguments, particularly with regard to the expert committee. You said that because of a shortage of time, you were unable to do it. If you want to file a detailed affidavit of some kind, there is no problem. We can give you some time and you can decide the scope of the committee and what to do and all that, it is for you""Your Lordships may give me some time to respond and put the facts in a proper perspective because doubtlessly, we are dealing with a matter which is a sensitive matter. But the attempt here appears to be to make it sensational. My affidavit says that since I have not dealt with the petition paragraph-wise, don't think that I have admitted to anything", responded the SG.He requested the bench to come to the statement given by the IT Minister in the House, which is reproduced in the affidavit, to indicate that the fact that the cabinet secretary is the competent authority is pointed out on the floor of the House itself. He read from the statement the following excerpt- "Hon'ble Speaker sir, let's look at India's established protocol when it comes to surveillance. The members of the Opposition would be well aware of this protocol as they have been in the government for years. Since they have governed the country, they would also be aware that any form of illegal surveillance is not possible because of checks and balances in our law and the robust system. In India, there is a well established procedure through which lawful interception of electronic communication is carried out for the purpose of national security, particularly on the occurrence of any public emergency or in the interest of public safety, by agencies of the Centre and the states. The request for these lawful interception of electronic...

If Govt Denies Pegasus Use, Will Petitioners Withdraw Petitions? Solicitor General In Supreme Court

Mehal Jain

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