On April 29, the Supreme Court of India, during a hearing on the Pegasus spyware case, emphasized that there is nothing inherently wrong with a country possessing spyware for national security purposes. The apex court, however, noted that the critical concern lies in its deployment—specifically, who it is used against.
The bench, comprising Justices Surya Kant and N Kotiswar Singh, was entertaining a batch of petitions that were filed in 2021, calling for an independent probe into the suspected use of Israeli spyware Pegasus to spy on journalists, activists, politicians, and others.
Justice Surya Kant said, “To have a spyware, there is nothing wrong. Against whom it is used is the question. We cannot compromise or sacrifice the security of the nation.”
Responding to arguments about the government’s possible use of Pegasus, he added that national security cannot be subordinated to individual apprehensions, though constitutional rights to privacy remain protected for ordinary civilians.
Solicitor General Tushar Mehta echoed that sentiment, stating, “Terrorists cannot claim privacy rights.”
Adding to the submissions, Justice Kant added that civil individuals retain constitutional safeguards.
The court reaffirmed its earlier decision to constitute a committee headed by former Justice R.V. Raveendran to probe the allegations, noting that the committee’s sealed report cannot be made public in full due to national security concerns, though parts concerning individuals may be considered for disclosure.
Senior Advocates Kapil Sibal and Shyam Divan urged the court to share the committee’s findings with affected individuals.
Sibal referenced a U.S. District Court judgment in a case filed by WhatsApp against the NSO Group, claiming that it confirmed Pegasus was used to hack phones in India.
He argued that the court in 2021 had decided to appoint the committee without being able to rely on this evidence, which now substantiates claims of surveillance.
Divan asked for the entire report to be made public in line with the principles of open court proceedings, but SG Mehta objected, citing the protection of national security.
The court bench stated that it had not seen the sealed report and rescheduled the case to July 30, 2025, giving petitioners time to produce relevant documents, such as the U.S. court judgment.
The Pegasus scandal erupted in 2021 following the revelations of the Pegasus Project, an international media investigation. More than 300 Indians alleged that they were targeted with Pegasus, among them journalists, opposition politicians such as Rahul Gandhi, former Election Commissioner Ashok Lavassa, strategist Prashant Kishor, and Supreme Court judges. The Leftist Propaganda portals like Wire, and India baiting international media, had spread rumourmongering around the Pegasus spyware.
In October 2021, the Supreme Court had formed the expert committee after finding the petitioners’ case meritorious and rejecting the Centre’s refusal to confirm or deny the use of Pegasus on national security grounds. The panel examined 29 devices, found malware on five, but could not conclusively establish the presence of Pegasus.
Journalists N Ram, Sashi Kumar, Paranjoy Guha Thakurta, and others, Editors Guild of India, and CPI(M) MP John Brittas are among petitioners.
