‘No Harm in Using Spyware for National Security and Tracking Terrorists,’ Says Supreme Court on Pegasus

The Supreme Court on Tuesday stated that deploying spyware like Pegasus to track terrorists and safeguard India’s national security is not inherently wrong. The remarks came during a hearing on petitions seeking an investigation into the alleged use of the Israeli spyware Pegasus by the Indian government for surveilling officials, political leaders, and journalists.

“What is wrong if the spyware is used for national security, or against terrorists? National security cannot be compromised,” the court observed.

The bench, comprising Justice Surya Kant and Justice N Kotiswar Singh, clarified that while the use of spyware is not objectionable per se, the key concern lies in identifying who is being targeted.

The court emphasized that any findings related to the country’s security and sovereignty should not be made public. However, individuals who suspect they were surveilled deserve to be informed. “Individual concerns must be addressed, but sensitive information should not become a topic of public debate,” the bench added. The matter has been scheduled for further hearing on July 30.

Meanwhile, the petitioners contend that deploying military-grade spyware for surveillance constitutes a severe violation of the fundamental right to privacy, protected under Articles 14, 19, and 21 of the Constitution.

Background on the Pegasus Controversy:
In 2021, a global investigation revealed that Pegasus spyware, developed by Israel’s NSO Group, had been allegedly used by the Indian government to monitor over 300 verified Indian phone numbers, including those of journalists, activists, opposition politicians, and sitting ministers.

Following the revelations, the Supreme Court formed a technical committee and an oversight panel to probe the allegations. While Pegasus was not detected on any of the 29 devices examined, traces of malware were found on five phones, according to the committee’s report.