The Supreme Court today emphasized that the use of spyware by the central government for national security purposes is not inherently problematic — unless it is directed against members of civil society. The observation came while the court was hearing petitions related to the Pegasus surveillance case.
The bench, comprising Justices Surya Kant and N Kotiswar Singh, said that while the broader findings of the investigation by the court-appointed technical committee cannot be made public due to concerns about national security and sovereignty, individuals who suspect that they were targets of Pegasus can approach the court. The court assured that such individuals would receive a response on whether their devices were affected.
Senior Advocate Shyam Divan, representing one of the petitioners, urged the court to make the entire report public. In response, Justice Surya Kant stated, “Any report which touches security and sovereignty of the country will not be touched. But individuals who want to know whether they are included — that can be informed.”
The court also referenced the recent terror attack in Pahalgam, where 25 tourists and a local pony operator were killed, as an example of why national security concerns must be handled cautiously. “Given the kind of situation we are facing, we have to be careful,” Justice Kant noted.
When petitioners referred to a U.S. district court ruling that held Pegasus developer NSO Group liable for targeting around 1,400 devices, the bench acknowledged the need to address individual concerns but cautioned against turning such matters into public discourse.
“Show us the U.S. court judgment. Yes, individual apprehensions must be addressed, but they cannot become topics of street-level debate,” Justice Kant remarked.
Reiterating the court’s position, Justice Kant said, “There is no issue in using spyware. The concern lies in who it is used against. If it is used against a civil society person, that will be examined.”
Solicitor General Tushar Mehta, appearing for the central government, defended the use of surveillance tools against threats to national security. “Terrorists have no right to privacy,” he said.
In 2021, an international consortium of 17 media outlets revealed that thousands of phone numbers had allegedly been targeted using Pegasus spyware, developed by Israeli company NSO Group. In India, those reportedly on the list included Congress leader Rahul Gandhi, former Election Commissioner Ashok Lavasa, TMC leader Abhishek Banerjee, journalists, and activists.
The revelations triggered a political outcry, with opposition parties accusing the government of unauthorized surveillance. The Centre, however, denied the allegations, saying surveillance in India follows established legal procedures and that no unlawful interception had taken place.
A Supreme Court-appointed technical committee was tasked with examining the allegations. It found no evidence of Pegasus on 29 phones it examined, though malware was detected on five devices.
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