On Tuesday, April 22, 2025, the Supreme Court of India deferred the hearing of a batch of petitions demanding a probe into the alleged use of Israeli spyware Pegasus for surveillance of journalists, activists, and politicians. The matter is now scheduled to be heard on April 29.

A bench comprising Justices Surya Kant and N. Kotiswar Singh postponed the proceedings, citing the existence of a parallel hearing already listed before a three-judge bench.

During the brief mention, Senior Advocate Shyam Diwan, appearing for the petitioners, pressed for the release of reports prepared by the court-appointed committee, currently sealed. He argued that urgent directions were necessary. However, Justice Surya Kant clarified that due to time constraints, the matter could not be taken up that day.

The petitions were last taken up in detail in August 2022. Back then, a bench headed by then Chief Justice of India N.V. Ramana, along with Justices Surya Kant and Hima Kohli, had reviewed the findings of a technical committee appointed by the Court. The committee had examined 29 phones submitted voluntarily by individuals alleging surveillance. The report concluded there was no conclusive evidence of Pegasus spyware on any of these devices, although traces of malware were found in five.

The report, submitted in multiple parts, included findings from the technical committee, the overseeing judge, and expert responses. It also detailed security concerns and made observations about citizen protection, accountability, and suggested future safeguards. The Court had indicated that certain non-sensitive sections of the report might be considered for public release.

Senior Advocate Kapil Sibal, also representing petitioners, urged the bench to release at least a redacted version of the report, stressing that individuals who submitted their phones deserved to know the outcome. Another petitioner’s counsel echoed the demand, pointing out that her client had a right to know the nature of the infection, if any.

The bench, however, noted that some individuals who submitted their phones had expressed reservations about public disclosure. It added that the Union Government had taken the same position before both the Court and the committee—refusing to confirm or deny the use of Pegasus, citing national security concerns.

Petitioners’ Stand

The petitioners have sought a court-monitored probe by a Special Investigation Team (SIT) into the alleged surveillance using Pegasus spyware. Advocate M.L. Sharma, in his plea, called the Pegasus scandal a “serious attack on Indian democracy, judiciary, and national security,” and described widespread surveillance as “morally disfiguring.”

In an earlier stage of the case, the Supreme Court rejected the Centre’s request to form its own expert panel, and instead appointed a committee under retired Supreme Court Judge R.V. Raveendran. Assisting the committee were Alok Joshi (Retd. IPS, 1976 batch) and Dr. Sundeep Oberoi, Chair of a subcommittee of the International Organization for Standardization.

On August 16, 2021, the Central Government denied all allegations, dismissing the petitions as speculative and based on unverified media reports. It offered to form its own expert committee “to dispel false narratives.” However, it later refused to file a detailed affidavit on whether Pegasus had been used, citing statutory compliance and national security.

Solicitor General Tushar Mehta informed the Court that sensitive details regarding surveillance methods could not be part of public discourse.