In a clear move, the Supreme Court on Tuesday stated that there's nothing wrong with a country using spyware for security purposes, but the real concern is who it is used against, while hearing petitions in connection to the Pegasus case.
The Supreme Court on Tuesday clearly stated that there is nothing wrong if a country uses spyware for security purpose, the real concern is against whom it is used.
In a clear move, the Supreme Court on Tuesday stated that there's nothing wrong with a country using spyware for security purposes, but the real concern is who it is used against, while hearing petitions in connection to the Pegasus case.
A bench of Justices Surya Kant and N Kotiswar Singh was hearing petitions alleging use of Pegasus spyware by the Government of India to snoop on journalists, judges, activists and others, as Bar and Bench reported.
Referring to the ongoing security situation in the country, the court remarked that everyone should be cautious at this time. The apex court then posted the hearing on July 30.
When the counsel argued that if the spyware has been purchased then there is nothing stopping the state from using it, the court said.
"What is wrong if the country is using that spyware against the adverse elements? To have a spyware, nothing wrong... We cannot compromise and sacrifice the security of the nation. Private civil individual, who have right to privacy, will be protected under the Constitution..." the court said, as quoted by Bar and Bench.
"Their complaint with regard to that [can always be looked at]," they added.
When senior advocate Shyam Divan, appearing for the petitioner, said the entire report should be made publicly available, Justice Surya Kant responded
It said any report involving "security and sovereignty of the country" would not be disclosed, but affected individuals may be informed about the reports.
The petitioners have demanded that the report of the Supreme Court's technical committee on allegations of espionage through Pegasus be made public.
Solicitor General Tushar Mehta, representing the Centre, questioned the objection to using Pegasus against terrorists and stated that "terrorists cannot claim a right to privacy."