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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Panaji (PTI): Goa Chief Minister Pramod Sawant has invoked the "cooperative federalism" principle while targeting the Karnataka government amid the Mhadei river water sharing dispute between the two states.
"They (Karnataka) speak about stopping the supply of vegetables or tourism inflow (to Goa). We never use such language. India can go forward with cooperative federalism. We are Indians first and Goans later," the chief minister told the legislative assembly on Friday after opposition leader Yuri Alemao claimed that Karnataka had threatened to stop vegetable supplies to Goa.
Goa and Karnataka are embroiled in a dispute over sharing the Mhadei river water. The BJP-ruled Goa has accused the Congress-governed Karnataka of planning to divert the river water by constructing two dams.
Sawant had said that the Goa government would file a contempt petition in the Supreme Court against Karnataka for carrying out activities that are aimed at diverting the Mhadei river water.
After the House passed the demands for grants for agriculture, Sawant said Goa has reduced the horticulture import by 30-40 per cent, whereas horticulture commodities' export has gone up by 20 per cent.
He stated that the state-run Horticulture Corporation has been procuring vegetables and fruits from farmers in various states and selling them through stalls.
The chief minister mentioned about a young farmer, Varad Samant, who has been providing vegetables of Rs 50 lakh every year to the state horticulture department.
"I have met this young farmer who is in his 30s. He told me that he earns a net 60 per cent profit from the vegetable supply business," Sawant said.
He said the government has focused on the agriculture sector. Citing the Swayampurna Goa Scheme, he said millet production is being boosted.
Referring to the demands of the Opposition, the chief minister said, rather than increasing support price for various products, the government is contemplating the possibility of providing a hundred per cent subsidy to farmers involved in community farming.
"65,500 farmers are registered with the department. They are eligible for facilities like Krishi card and Kissan credit card. They can now walk into the bank and avail of loan up to Rs 1 lakh. If any bank refuses to lend, tell me. Because the guarantee of your loan is PM Modi's guarantee," he added.