Pushback On Pegasus

Context: The Supreme Court's move for independent probe to inquire into the Pegasus revelations by appointing a committee presided by Justice (Retd.) R V Raveendran, is an important step towards fixing accountability.

Significance of Supreme Court judgement for independent probe into Pegasus revelations

• Furthering court’s continuing insistence on transparency and disclosure by Union government: SC has accurately assessed the need for disclosures by the Union government on Pegasus, beyond bald denials and ad hominem attacks.
  • Against denial of data stance by Union Government: SC judgment came against Union Government’s refusal to provide any meaningful response.
  • Parallel stance in Anuradha Bhasin judgment on internet shutdown in Jammu and Kashmir: Where “the State initially claimed privilege, subsequently dropped the claim and produced certain sample orders, citing difficulty in producing all the orders before the Court.
• Court’s firm approach towards national security submissions by Union Government: SC made it clear not push to provide any information that would impact national security.
  • Put a layer of accountability check: By asking government to, “necessarily plead and prove the facts which indicate that the information sought must be kept secret as their divulgence would affect national security concerns”.
  • Balancing with fundamental right to privacy: Drawing from framework of K S Puttaswamy judgment, the court specifically states that,
    • “National security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning” and,
    • “Mere invocation of national security by the State does not render the Court a mute spectator”.
• Exposed limitations of official enquiry: By rejecting the suggestion by the Solicitor-General to constitute a government committee of experts.
  • The court strikes a fine balance by constituting an independent committee, “taking into account the public importance and the alleged scope and nature of the large-scale violation of the fundamental rights of the citizens of the country”.

Conclusion: The constitution of this committee is an important step towards upholding accountability in the system. The more challenging tasks ahead, includes the functioning of the committee and the cooperation of government witnesses, the publication of the report so as to ensure public confidence and rule of law.