Pegasus row: What's wrong if country using spyware against terrorists? SC asks
New Delhi, Apr 29 (PTI): The Supreme Court on Tuesday wondered what was wrong in using Israeli spyware Pegasus "against terrorists" after a probe panel filed a report on the issue and said any finding that touches upon the country's "security and sovereignty" won't be made public.
A bench of Justice Surya Kant and Justice N Kotiswar Singh indicated it may address individual apprehensions of privacy breach but the report of the technical committee was no document to discuss "on the streets".
The bench said, "Any report which touches the security and sovereignty of the country will not be touched. But individuals who want to know whether they are included, that can be informed. Yes, individual apprehension must be addressed but it cannot be made a document for discussion on the streets."
The controversy surrounding the alleged use of Pegasus to surveil opposition leaders, journalists and activists came to light in 2021, prompting several persons to file petitions in the top court.
The apex court ordered a probe into the allegations and appointed technical and supervisory committees to examine the issue.
The top court added it will examine the extent to which the technical panel report could be shared in public.
Advocate Dinesh Dwivedi, appearing for one of the petitioners, said the question was whether the government had the spyware and used it.
"If they have it, there is nothing to prevent them from using it continuously even today," he added.
The bench responded, "Please make submissions with regard to disclosure regarding individuals. The kind of scenario we are facing nowadays, let us be slightly responsible...We will see to what extent the report can be shared."
The top court went on, "What is wrong if the country is using the spyware against the terrorists? To have spyware is not wrong, against whom you are using is the question. You can't compromise with the security of nation. Private civil individual who has right to privacy will be protected under the Constitution," the bench said.
Senior advocate Kapil Sibal, appearing for journalist Paranjoy Guha Thakurta, referred to a US district court judgment.
"WhatsApp itself has disclosed here. Not a third party. WhatsApp itself has disclosed that there was a hack. That time your lordships had not indicated whether hacking took place. Even experts didn't say so. Now you have evidence. Evidence by WhatsApp. We will circulate the judgment. The redacted portion should be given to concerned individuals so they know," Sibal said.
Solicitor general Tushar Mehta, however, suggested against any "roving enquiry".
There was nothing wrong, Mehta said, in using the spyware against terrorists and they cannot have right to privacy.
Senior advocate Shyam Divan, for one of the petitioners, said the report of the technical committee should be disclosed without any redaction.
The apex court then posted the hearing on July 30.
On August 25, 2022, the technical panel appointed by the top court to probe the unauthorised use of Pegasus found malware in five of the 29 examined cell phones but it couldn't conclude Pegasus was used.
Following the report by former apex court Justice R V Raveendran, the top court recorded the Centre did not cooperate with the Pegasus probe.
The top court ordered the probe in 2021 into the allegations of the use of the Israeli spyware by government agencies for targeted surveillance of politicians, journalists, and activists and appointed technical and supervisory committees to examine the matter.
The overseeing panel submitted a "lengthy" three-part report, one of which suggested amending the law to protect citizens' right to privacy and ensure the nation's cyber security.
The technical panel, which included three experts on cyber security, digital forensics, networks, and hardware, was asked by the top court to "inquire, investigate and determine" whether Pegasus spyware was used for snooping on citizens and their probe would be monitored by Raveendran.
The panel members were Naveen Kumar Chaudhary, Prabaharan P, and Ashwin Anil Gumaste.
Justice Raveendran, who headed the panel, was assisted by former IPS officer Alok Joshi and cyber security expert Sundeep Oberoi in monitoring the inquiry of the technical panel.
The apex court order said the probe panel would be empowered to enquire and investigate the steps or actions taken by the Centre after reports in 2019 claimed the hacking of WhatsApp accounts of Indian citizens using the Pegasus suite of spyware.
It also directed the panel to ascertain if any Pegasus suite was acquired by the union of India, or any state government, or any central or state agency for use against the citizens of India.
An international media consortium reported over 300 verified Indian cell phone numbers were on the list of potential targets for surveillance using the Pegasus spyware.
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PM unveils Rs 10,601-cr fertiliser plant in Assam, unit to be commissioned by 2030
Namrup (PTI): Prime Minister Narendra Modi on Sunday laid the foundation stone of a Rs 10,601-crore brownfield ammonia-urea plant in Dibrugarh district of Assam.
The facility – Assam Valley Fertiliser and Chemical Company Ltd (AVFCCL) – will have an annual urea production capacity of 12.7 lakh metric tonnes and the project is scheduled for commissioning in 2030.
The PM, on the last day of his two-day Assam visit, laid the foundation stone of the plant here, located within the existing premises of the Brahmaputra Valley Fertiliser Corp Ltd (BVFCL).
In July this year, AVFCCL was incorporated at Namrup in Dibrugarh. The projectwas approved by the Union Cabinet in March this year.
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AVFCCL is a joint venture among the Assam government, Oil India, National Fertilisers Ltd (NFL), Hindustan Urvarak & Rasayan Ltd (HURL) and BVFCL.
Modi arrived in Assam on Saturday on a two-day visit, during which he unveiled multiple projects worth Rs 15,600 crore, months before the assembly polls next year.
"The AVFCCL Namrup ammonia-urea project is being established as a modern, energy-efficient, world-class fertiliser complex with an annual urea production capacity of 12.7 lakh metric tonnes, at an estimated investment of Rs 10,601 crore," the company said in a statement.
It said this upcoming facility will play a pivotal role in meeting the fertiliser requirement of Assam, the northeast region, West Bengal, Bihar, Jharkhand and eastern Uttar Pradesh.
"Beyond fertiliser security, the project is expected to act as a major catalyst for industrial growth, employment generation and regional economic development, creating hundreds of direct jobs and thousands of indirect employment opportunities," AVFCCL said.
The company also asserted that the foundation stone laying ceremony marked the revival of Namrup's legacy as the cradle of India's gas-based fertiliser industry, and will herald a new chapter of growth, sustainability and agricultural prosperity for the entire region.
The 'Bhoomi Poojan' took place in presence of Assam Governor Lakshman Prasad Acharya, Chief Minister Himanta Biswa Sarma along with other ministers, MPs, MLAs, senior officials and representatives of stakeholder organisations of the new company.
The state-run BVFCL is the only urea-making facility in the eastern India. The facility started production in January 1969, as a part of the Hindustan Fertiliser Corp Ltd (HFCL).
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BVFCL was formed in April 2002 after hiving off the Namrup Unit of HFCL. It is under the administrative control of the Ministry of Chemicals and Fertilisers, with 100 per cent shareholding by the Government of India.
It is touted to be the first factory of its kind in India to use associated natural gas as basic raw material for producing nitrogenous fertiliser.
The company has played a crucial role in the development of the northeastern region and providing farmers urea fertiliser, which is produced from cheap and locally available domestic natural gas, officials said.
As per the official website of the Department of Fertilisers, the company is now producing neem-coated urea and two organic fertilisers – liquid bio fertiliser and vermi compost under the brand name of 'Mukta'.
BVFCL has two operable ammonia urea units at Namrup, with small capacities, which were established in 1976 and 1987.
