What’s Wrong If A Country Is Using A Spyware: Supreme Court On Pegasus Case

The Supreme Court on Tuesday observed that it is not wrong for a country to possess spyware, but the real concern is against whom it is being used.

A bench of Justices Surya Kant and N Kotiswar Singh was hearing a batch of pleas seeking a probe into the alleged unauthorised use of Pegasus spyware for the surveillance of journalists among others.

What The Court Said?

Appearing for the petitioners, senior Advocate Dinesh Dwivedi informed the court that the issue was whether the Indian government was using the Israeli spyware. "The basic issue is whether they have this spyware or whether they purchased it or not. If they have it, there is nothing to prevent them from using it continuously even today. So even if it comes to the fore that my clients were not hacked..." Live Law quoted the lawyer as saying.

However, Justice Kant responded: "What is wrong if the country is using the spyware. To have a spyware there is nothing wrong. Against whom it is used it is the question. We cannot compromise or sacrifice the security of the nation." Solicitor General of India Tushar Mehta, on behalf of the government, said that "Terrorists cannot claim privacy rights."

Justice Kant noted that the privacy of civil individuals will be protected under the Constitution. The matter is posted for July 30 for further hearing.

Case Background

The case stemmed from a 2019 controversy where reports alleged that Pegasus was used to hack WhatsApp accounts of Indian citizens. Later, an international media consortium revealed that over 300 Indian phone numbers appeared on a list of potential surveillance targets.

The bench, in August 2024, stated that while its technical committee detected malware in five out of 29 examined phones, it could not conclusively confirm the use of Pegasus spyware. The court also noted that the Central government had failed to cooperate fully with the investigation, according to a report in PTI.

The probe was launched in 2021 following allegations that government agencies had used the Israeli surveillance tool to spy on journalists, activists, and politicians. A supervisory panel, led by former Supreme Court Justice R.V. Raveendran, was formed to oversee the inquiry, assisted by former IPS officer Alok Joshi and cybersecurity expert Sundeep Oberoi.

A technical committee comprising cybersecurity specialists Naveen Kumar Chaudhary, Prabaharan P., and Ashwin Anil Gumaste was tasked with determining whether Pegasus had been deployed to snoop on Indian citizens. The panel also examined whether the Indian government or any state agency had acquired the spyware.

The supervisory committee submitted a detailed report in three parts, one of which recommended legal reforms to strengthen privacy protections and enhance cybersecurity laws.