[Pegasus]"We Don't Want A Government That Might Have Used Pegasus to Set Up a Committee Of Its Own": Kapil Sibal Submits Before Supreme Court

The Supreme Court on Monday resumed hearing on the batch of petitions in connection with the Pegasus controversy.Senior Advocate Kapil Sibal, who appeared for Senior Journalist N Ram flagged 3 issues in the short affidavit filed by the Centre- "One, the deponent has submitted, 'I state and submit that due to the limited time at the disposal of the deponent, it is not possible to deal with all the facts stated and the contentions raised in the batch of petitions. I have a strong objection to that for the simple reason that they have to state on oath whether the government of India or any agency of the government of India has ever used the software. If they haven't, then our arguments will have to be different. But once the Secretary to the government of India has to state so on oath. If they have, then our submissions will be different. But this fact must be stated by them. Denied or stated by them. Whether Pegasus was ever used by the government or any of its agencies. And this is what we have alleged in the petitions and they have not responded and they say 'limited time'. They have enough time at their disposal. Your Lordships will give them more time. Allow them as much time as they want to state whether they have ever used Pegasus. This affidavit does not answer the issues raised by us""Two, the affidavit reads that 'a bare perusal of the captioned petition and other connected petitions makes it clear that the same are based on conjectures and surmises'. Now, when they say they have not answered the petitions on fact, how can they say that they are all based on conjectures and surmises? They must say how the facts stated in the petition are wrong, that the government of India has nothing to do with Pegasus, that no agency of it has anything to do with it. It is only then we can demonstrate to the court how what the government says on affidavit, if it does say that, is wrong", continued Mr. Sibal."Three, we don't want a government that might have used Pegasus and its agencies might have used Pegasus to set up a committee of its own. If they say 'yes, Pegasus was used', we cannot have a committee. If they say Pegasus was not used, there is no need for the committee. So where is the question of the committee coming? I have these three basic objections to this affidavit and I want Your Lordships to give them enough time to file an affidavit on facts", submitted the senior advocate.Mr. Sibal advanced that the SG made a statement on behalf of the government that they have nothing to do with it. "In the Editors Guild petition, I read the response of the minister which was in reply to a question raised in 2019– let's read the question- 'Whether the government has taken note of the fact that spyware Pegasus has been reported to be used and to infect, spy and steal mobile data of many human rights activist, journalist, other eminent persons? If so, the details thereof. Whether the said breach of privacy, which has affected many people across the world, has affected people in India and the number of Indians citizens affected by the spyware. Whether the government has taken cognisance of the reports which have alleged use of Pegasus, and if so, the details thereof. Whether the government has asked WhatsApp to check for any pervasive spyware attack and the details thereof'. Now Please see the answer –'Yes, sir. The government has taken a note that spyware malware has affected some WhatsApp users'. So they have knowledge of it! And they have interacted with WhatsApp!. They say 'Government had been informed by WhatsApp, this spyware was developed by an Israel based company NSO Group and that it had developed and used Pegasus spyware to attempt to reach mobile phones of a possible number of 1400 users globally that includes 121 users from India'! So how can my learned friend say that there is nothing. And this happened in 2019! The government has to explain what they have done till 2021! The government must explain what they have done with regards Whatsapp, steps they have taken, have the lodged an FIR or have they sought prosecution, have they got in touch with Israeli government, have they made complaints to the government? This is why they do not want to respond on facts!""This is a very serious situation. Many have said their phones were infiltrated in this fashion. I am not concerned with individuals A, B or C. I am more concerned with institutions. The two institutions which protect democracy are journalists and the court. These are the two pillars of democracy. And both have been infiltrated and in large numbers. The registrars of this court, a lady staffer in this court, her relatives. It is not about Pegasus but institutions, the independence of the only institution in the country which protects the rights of individuals! It cannot be allowed to be penetrated in any manner!", he urged.Further, Mr. Sibal indicated section 70B of the IT Act which provides for an Indian Computer Emergency Response Team to serve...

[Pegasus]"We Don't Want A Government That Might Have Used Pegasus to Set Up a Committee Of Its Own": Kapil Sibal Submits Before Supreme Court

Mehal Jain

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