Pegasus inquiry panel found malware in 5 out of 29 phones: SC
New Delhi (PTI): The Supreme Court-appointed panels probing the unauthorised use of Pegasus found some kind of malware in five mobile phones out of the 29 examined but it could not be concluded that it was due to the Israeli spyware.
The panels also said that the Centre did not cooperate with the Pegasus probe, a Supreme Court bench said on Thursday after perusing the report submitted by former apex court Justice R V Raveendran.
One thing (the) committee has said that the Government of India has not cooperated. The same stand you took here, you have taken there, a bench comprising Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli said.
The bench said the overseeing panel has submitted a lengthy report in three parts and one of the parts suggested amending the law to protect the right to privacy of citizens and ensure cyber security of the nation.
Referring to a report of the technical panel, the bench said it was little concerned as it appeared that out of 29 phones, which were submitted to the technical committee for examination, five had some kind of malware but it cannot be said that these are due to Pegasus .
The bench said the report has suggestions on protecting the citizens' right to privacy, future course of action, accountability, amending the law to improve privacy protection and the grievances redressal mechanism.
It said the report of the overseeing judge Justice Raveendran, which is general in nature, would be uploaded on its website. The bench said it would consider the plea to give redacted part of other reports to the parties.
"It is a huge report. Let us see what portions we can give, it said, adding there was also a request not to release the report.
These are technical issues. So far as Justice Raveendran's report is concerned, we will upload it on the website, the CJI said.
Senior lawyers Kapil Sibal and Rakesh Dwivedi urged the bench to release redacted report to the litigants.
When the bench, on perusal of the report, said the Centre did not cooperate, Solicitor General Tushar Mehta responded by saying he was not aware of that. The court will now hear the matter after four weeks.
The top court on May 20 had extended by four weeks the time for submitting the report by the apex court-appointed technical and supervisory committees to look into the Pegasus row.
The bench, which on October 27, last year had ordered a probe into the allegations of use of Israeli spyware by government agencies for targeted surveillance of politicians, journalists, and activists, has now fixed the case for further consideration in July.
The panel, which included three experts on cyber security, digital forensics, networks, and hardware, was asked to inquire, investigate and determine whether Pegasus spyware was used for snooping on citizens and their probe would be monitored by a former apex court judge R V Raveendran.
The panel members were Naveen Kumar Chaudhary, Prabaharan P, and Ashwin Anil Gumaste.
Justice Raveendran, who is heading the monitoring panel, has been assisted by former IPS officer Alok Joshi and Sundeep Oberoi, Chairman of Sub Committee in International Organisation of Standardisation/ International Electro-Technical Commission/Joint Technical Committee - in monitoring the inquiry of the technical panel.
The committee is requested to prepare the report after a thorough inquiry and place it expeditiously before the court.
The apex court, in its order, had said that the probe panel would be empowered to enquire and investigate what steps or actions have been taken by the Centre after reports were published in 2019 about the hacking of WhatsApp accounts of Indian citizens, using the Pegasus suite of spyware, whether 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 had reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using the Pegasus spyware.
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MP HC sets up judicial commission to probe water contamination in Indore
Indore (PTI): The Indore bench of Madhya Pradesh High Court on Tuesday set up a commission of inquiry comprising a former HC judge to probe the issue of water contamination in city's Bhagirathpura, saying the matter requires probe by an independent, credible authority and "urgent judicial scrutiny".
It also directed the commission to submit an interim report after four weeks from the date of commencement of proceedings.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission while hearing several public interest litigations (PILs) filed simultaneously regarding the deaths of several people in Bhagirathpura due to the consumption of contaminated water.
The HC reserved the order after hearing all the parties during the day, and released it late at night.
The state government on Tuesday told the HC that the deaths of 16 people in Indore's Bhagirathpura area was possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The government presented an audit report of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura before the bench, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The report, prepared by a committee of five experts from the city's Government Mahatma Gandhi Memorial Medical College, stated that the deaths of four people in Bhagirathpura were unrelated to the outbreak, while no conclusion could be reached regarding the cause of death of three other people in the area.
During the hearing, the high court sought to know from the state government the scientific basis behind its report.
The division bench also expressed surprise at the state government's use of the term "verbal autopsy" in relation to the report, sarcastically stating that it had heard the term for the first time.
The HC expressed concern over the Bhagirathpura case, stating that the situation was "alarming," and noted that cases of people falling ill due to contaminated drinking water have also been reported in Mhow, near Indore.
In its order, the HC said the serious issue concerning contamination of the drinking water supply in Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons.
According to the petitioners and media reports, death toll is about 30 till today, but the report depicts only 16 without any basis or record, it said.
It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain potable water standards have led to the outbreak of water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the HC said.
"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority," it said.
"Accordingly, we appoint Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city," the HC added.
As per the order, the commission shall inquire into and submit a report on the cause of contamination -- whether the drinking water supplied to Bhagirathpura was contaminated; and the source and nature of contamination (sewage ingress, industrial discharge, pipeline damage etc).
The panel will also probe the number of actual deaths of affected residents on account of contaminated water; find out the nature of disease reported and adequacy of medical response and preventive measures; suggest immediate steps required to ensure safe drinking water as well as long-term infrastructural and monitoring reforms.
It will also identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident, and suggest guidelines for compensation to affected residents, particularly vulnerable sections.
The commission shall have powers of a civil court for the purpose of summoning officials and witnesses; calling up records from the government department, hospitals, laboratories and civic bodies; ordering water quality testing through accredited laboratories; conducting spot inspections.
All state authorities involving district administration, Indore Municipal Corporation, public health engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records as sought by the commission, it said.
The state government shall provide office space, staff, and logistical support to the commission, it said.
During the hearing in the day, the state government also presented a status report to the court in this matter.
According to reports, a total of 454 patients were admitted to local hospitals during the vomiting and diarrhea outbreak, of whom 441 have been discharged after treatment, and 11 are currently hospitalised.
According to officials, due to a leak in the municipal drinking water pipeline in Bhagirathpura, sewage from a toilet was also mixed in the water.
