Pegasus : Supreme Court Refuses To Restore Former RSS Leader Govindacharya's 2019 Petition; Allows Him To File Fresh Plea

The Supreme Court on Monday refused to restore the petition filed by former RSS leader K N Govindacharya's in 2019 seeking a probe by National Investigation Agency into the allegations of snooping of WhatsApp chats of Indian activists using Pegasus spyware developed by Israeli firm NSO. The Court heard his restoration application while hearing a batch of PILs seeking probe into the Pegasus snooping controversy. A three- Judge Bench comprising CJI Ramana, Justice Surya Kant and Justice Aniruddha Bose however granted him the liberty to file a fresh petition in the matter. Govindacharya had filed the petition in 2019 in the wake of reports regarding use of Pegasus spyware to hack the phones of Indian activists and journalists by breaching the WhatsApp encryption. The plea filed had sought NIA Investigation and lodging of FIR against Facebook, WhatsApp, NSO Group under the provisions of the Information Technology Act and Indian Penal Code for violating fundamental privacy of Indians.Later, in December 2019, he had withdrawn the petition. After the re-emergence of the Pegasus issue in July 2021, Govindacharya filed an application to restore his 2019 petition. During the hearing today, Senior Advocate Vikas Singh appearing for Govindacharya informed the Court that an application has been filed by him for restoration of his petition. "Your petition is withdrawn, as you wanted to go before Parliament Committee. There is a problem with restoration as you have sought an inquiry into WhatsApp and others by NIA", the Bench said. The Bench expressed its disinclination to entertain the application for restoration saying that the prayers in the petition sought to be restored are different from prayers in the batch of pleas before the Court regards the Pegasus spyware. "Assuming we restore your application, you want us to start proceeding against WhatsApp! It is better to grant liberty to you to file a fresh writ petition, if you want to join with petitioners, file a fresh petition" CJI said. The Bench further added "The problem is this writ Petition is on a different line altogether. The revival of that writ will not serve your purpose. If you want a fresh investigation you can file a fresh plea and we'll hear you" Senior Advocate Mukul Rohatgi appearing for WhatsApp opposed Govindacharya's application for restoration saying that "There can't be a restoration application after they have withdrawn the case." Mr Rohatgi added that "He had withdrawn it unconditionally to approach the Parliamentary Committee and has already done all that. The Court should give him any liberty his application is misconceived." The Bench disagreed with Mr Rohatgi and said that he is entitled to file a fresh petition "Let him file why should the court give liberty? These are only instruments of harassment that's all, there is nothing else to it." Mr Rohatgi remarked. "The problem is he had withdrawn to approach the Committee, the Committee has done nothing and that is the grievance." CJI said. Govindacharya through his plea, had sought perjury proceedings against WhatsApp for allegedly misleading the Court by claiming that users data is fully encrypted and no one including WhatsApp has the key. This claim of Whatsapp was made in the petition seeking transfer of cases relating to social media regulation from High Courts to Supreme Court. As an interim measure, the plea also sought to restrain Government from using Pegasus for surveillance purposes. Govindacharya in his petition had sought protection and enforcement of the fundamental right to privacy which he alleges us being violated by illegal surveillance by Applications like WhatsApp and internet companies. He had stated that WhatsApp revealed that its systems were hacked by NSO group, an Israeli intelligence company, compromising many of the intermediary's crores of Indian users. It has been further submitted that several government agencies, including the police, are present on social media platforms like WhatsApp. Read More : Supreme Court Wants To Know If Centre Will File Affidavit On Using Pegasus; Adjourns Hearing To Tomorrow Pegasus : How Can Expert Committee Examine Issues On Procurement, Sanctions Etc?SC - Read Full Courtroom Exchange Click Here To Read/ Download Order

Pegasus : Supreme Court Refuses To Restore Former RSS Leader Govindacharya's 2019 Petition; Allows Him To File Fresh Plea

Srishti Ojha

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