The court bench, which included Justice Surya Kant and Justice N Kotiswar Singh, also said that the investigation report prepared by the Supreme Court-appointed committee on the Pegasus allegations cannot be made public, because it concerns the “security and sovereignty” of India.
NEW DELHI: Today, 29th April: The Supreme Court of India, while hearing petitions related to the Pegasus spyware case, said that there is nothing wrong with the central government using spyware for protecting national security — unless it is used to target members of civil society.
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The court clearly stated that the use of such surveillance tools is acceptable if used for national security reasons, but it must not be misused to spy on innocent people such as activists, journalists, or opposition leaders.
The court bench, which included Justice Surya Kant and Justice N Kotiswar Singh, also said that the investigation report prepared by the Supreme Court-appointed committee on the Pegasus allegations cannot be made public, because it concerns the “security and sovereignty” of India.
“Any report which touches security and sovereignty of the country it will not be touched. But individuals who want to know whether they are included, that can be informed,” said Justice Surya Kant in response to Senior Advocate Shyam Divan, who appeared for one of the petitioners and requested the full report to be made public.
The court said that any person who suspects that he or she was spied on using Pegasus — the controversial spyware developed by the Israeli company NSO Group — can approach the court, and they will be informed if they were actually targeted.
The court was cautious about making any sensitive information public, especially given the current security situation in the country.
Justice Kant referred to the recent Pahalgam terror attack, where 25 tourists and a local pony ride operator were killed, saying:
“The kind of situation we are facing now, we have to be careful.”
During the hearing, when the petitioners cited a US district court judgment that held the NSO Group liable for hacking about 1,400 devices, the Supreme Court replied:
“Show us the US district court judgment. Yes, individual apprehension must be addressed, but it cannot be made a document for discussion on the streets.”
The bench further clarified that using spyware itself is not the issue — the real concern is who it is used against.
“What is wrong if the country is using spyware? Let us be clear, no issue in having spyware. It can be used against some… Let us not compromise the security of the nation. Yes, using against whom is the question? Of course, if it is used against a civil society person, of course, that will be looked at,” said the bench.
Meanwhile, Solicitor General Tushar Mehta, who represented the Centre, said that there should not be any objection if such spyware is used to monitor terrorists.
He stated:
“Terrorists have no right to privacy.”
What Is the Pegasus Controversy?
The Pegasus row began in 2021, when a global media investigation by 17 news organisations revealed that a list of 50,000 phone numbers might have been spied upon using Pegasus spyware.
In India, the alleged targets included major political figures like Congress leader Rahul Gandhi, former Election Commissioner Ashok Lavasa, Trinamool MP Abhishek Banerjee, several journalists, activists, and others.
The central government denied all allegations, saying that such claims had “no concrete basis of truth”.
The government added that interception of data is allowed only through legal procedures.
The government said all such activities are done “as per due process of law.”
Following the public uproar, the Supreme Court set up a technical committee to investigate the matter. After examining 29 mobile phones, the committee said that no proof of Pegasus was found, although it did find malware in five devices.
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