"Such Chilling Effect On The Freedom of Speech Is An Assault ….": Quotable Quotes From CJI Ramana's Order In Pegasus Snooping Case

The Supreme Court order in Pegasus Spyware petitions started with a quote from the famous novel 1984 by George Orwell: "If you want to keep a secret, you must also hide it from yourself." The court said that writ petitions raise an Orwellian concern, about the 'alleged possibility of utilizing modern technology to hear what you hear, see what you see and to know what you do.'The following are important observations made in the order.Not Entering Political Thicket, But Court Has Never Cowered From Protecting All From Abuses Of Fundamental RightsWe make it clear that our effort is to uphold the constitutional aspirations and rule of law, without allowing ourselves to be consumed in the political rhetoric. This Court has always been conscious of not entering the political thicket. However, at the same time, it has never cowered from protecting all from the abuses of fundamental rightsWe live in the era of information revolution, where the entire lives of individuals are stored in the cloud or in a digital dossier. We must recognize that while technology is a useful tool for improving the lives of the people, at the same time, it can also be used to breach that sacred private space of an individual (Para 31)On PrivacyEvery citizen of India ought to be protected against violations of privacyMembers of a civilized democratic society have a reasonable expectation of privacy. Privacy is not the singular concern of journalists or social activists. Every citizen of India ought to be protected against violations of privacy. It is this expectation which enables us to exercise our choices, liberties, and freedom. (Para 32)Restrictions on Privacy must necessarily pass constitutional scrutinyAlthough declared to be inalienable, the right to privacy of course cannot be said to be an absolute, as the Indian Constitution does not provide for such a right without reasonable restrictions. As with all the other fundamental rights, this Court therefore must recognize that certain limitations exist when it comes to the right to privacy as well. However, any restrictions imposed must necessarily pass constitutional scrutiny. (Para 33)Indiscriminate spying on individuals cannot be allowed except with sufficient statutory safeguards,The right to privacy is directly infringed when there is surveillance or spying done on an individual, either by the State or by any external agency. (Para 35)Of course, if done by the State, the same must be justified on constitutional grounds. This Court is cognizant of the State's interest to ensure that life and liberty is preserved and must balance the same. For instance, in today's world, information gathered by intelligence agencies through surveillance is essential for the fight against violence and terror. To access this information, a need may arise to interfere with the right to privacy of an individual, provided it is carried out only when it is absolutely necessary for protecting national security/interest and is proportional. The considerations for usage of such alleged technology, ought to be evidence based. 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. (Para 36)Chilling effect on the freedom of speechIt is undeniable that surveillance and the knowledge that one is under the threat of being spied on can affect the way an individual decides to exercise his or her rights. Such a scenario might result in self censorship. This is of particular concern when it relates to the freedom of the press, which is an important pillar of democracy. 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. (Para 39)Protection of journalistic sources Protection of journalistic sources is one of the basic conditions for the freedom of the press. Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest. .. Having regard to the importance of the protection of journalistic sources for press freedom in a democratic society and the potential chilling effect that snooping techniques may have, this Court's task in the present matter, where certain grave allegations of infringement of the rights of the citizens of the country have been raised, assumes great significance. (Para 40-41)Trigger Happy Filing Of Half Baked Petitions Must Be DiscouragedThis Court has generally attempted to discourage Writ Petitions, particularly Public Interest Litigations, which are based entirely on newspaper reports without any additional steps taken by ...

"Such Chilling Effect On The Freedom of Speech Is An Assault ….": Quotable Quotes From CJI Ramana's Order In Pegasus Snooping Case

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