Whether Centre used Pegasus or not, can't be put on affidavit: Centre to SC


New Delhi, Sep 13 (IANS): The Centre on Monday stating national security reason told the Supreme Court it does not wish to file a detailed affidavit clarifying whether Pegasus spyware was used or not as it responded to a batch of petitions seeking independent probe into the alleged Pegasus snooping.

Solicitor General Tushar Mehta, representing the Centre, submitted before a bench headed by Chief Justice N.V. Ramana that the government will disclose all details in connection with the Pegasus case before a panel of domain experts but not on an affidavit for national security reasons.

Mehta emphasized that there are terror organizations, which better not know which software is used to combat terror etc. "It has its own pitfalls," he added.

The Centre reiterated that it has "nothing to hide" and emphasized that the government has on its own said it will constitute a committee of domain experts, who are not connected with the government, to examine spying allegations.

"Such issues of whether Centre was using Pegasus or not cannot be debated in affidavits and can be looked into by domain experts," he added.

Mehta told the bench that also comprised Justices Surya Kant and Hima Kohli, that whether a particular software is used or not by the government cannot be brought out in public domain for a discussion, and the panel of independent experts can place their report before the top court.

As the bench pointed to Mehta that it has given him time so that government can file an affidavit in the matter. "Such issues cannot be brought on an affidavit," Mehta submitted.

The bench emphasized that it had already clarified that it does not want government to disclose anything which compromises national security. The bench observed, "We were only expecting a limited affidavit since there are petitioners before us who say their rights have been infringed upon. You had to say whether it's done lawfully or unlawfully."

The hearing is still in progress.

The top court on September 7, granted time to the Centre to decide on filing a further response on the petitions. Mehta had informed the top court that due to some difficulties he could not meet the officials concerned to take a decision on the filing of the second affidavit.

 

 

  

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Comment on this article

  • Roshan, Mangaluru

    Mon, Sep 13 2021

    Indira Gandhi declared emergency at the time, cold war between US and USSR at peak and emerging India, they both saw as opportunity and threat. Same time Pakistan, defeated multiple times wanted to create disturbances within India. National security was at stake and she declared emergency to take control of the situation. Emergency was lifted by Indira Gandhi herself, on SC rebuke. India has emerged strong and stronger since then. CJI called the decision as historic recently. Pegasus is supposed to fight terror and foreign interventions. Unfortunately, its been used to target opposition as Modi Govt knows its massive blunders and failures are going to be used by opposition to defeat BJP in polls. By, weakening opposition leaders is the only way to retain power, irrespective of losses for the nation. This is not national security threat, it is greed for power.

    DisAgree Agree Reply Report Abuse

  • anthony, mangalore

    Mon, Sep 13 2021

    The days of handing over sealed covers to the Chief Justice are over. If the Centre has nothing to hide then why the hesitation to confirm if the Spyware was used. The Centre will constitute a committee of domain experts, who are not connected with the government, to examine spying allegations to be the Judge and the Jury on the subject.The Supreme Court was only expecting a limited affidavit since there are petitioners wanted to know if their rights have been infringed upon. The Govt has to say whether it's done lawfully or unlawfully." Looks like Tushar Mehta's luck has ran out with the Judiciary. .

    DisAgree Agree [4] Reply Report Abuse

  • Jossey Saldanha, Thane

    Mon, Sep 13 2021

    Why are they scared now ...

    DisAgree [1] Agree [12] Reply Report Abuse


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