During the resumed hearing of multiple petitions seeking an independent probe into the alleged unauthorized use of Pegasus spyware by the Government of India, a division bench of the Supreme Court, comprising Justices Surya Kant and N Kotiswar Singh, made significant oral observations regarding the use of spyware in the context of national security.

Possession And Use of Spyware Not Inherently Wrong: The Supreme Court stated that there is "nothing wrong" with a country possessing or using spyware for national security purposes. Justice Surya Kant emphasized that "to have spyware, there is nothing wrong," and the real issue is "against whom it is used." The bench clarified that the security and safety of the nation cannot be compromised or sacrificed, especially given the prevailing security scenario in the country.

Focus on Potential Misuse: While the court acknowledged the necessity of such tools for tracking adverse elements (such as terrorists and anti-national actors), it distinguished this from potential misuse against private individuals, including journalists, activists, and politicians. The Supreme Court assured that allegations of misuse would be examined, and individual complaints would be considered.

Privacy Rights of Civilians: The bench reiterated that private civilians have constitutional rights to privacy. If there are concerns that spyware was used to target ordinary citizens, those individuals can approach the court. The court indicated willingness to inform individuals, upon request, whether their names appear in the committee's sealed report on the matter, but would not disclose details that could compromise national security.

Expert Committee Report: The Supreme Court referred to the report of an expert committee set up to investigate the alleged use of Pegasus. The court maintained that the full report could not be made public due to national security concerns, but individual queries could be addressed in a limited, objective manner (such as a simple 'yes' or 'no' on whether a person's device was targeted).

Context of The Remarks: These oral observations came amid ongoing concerns and allegations that Pegasus spyware, developed by the Israeli NSO Group, had been used for surveillance against journalists, political figures, and activists in India. The government has faced calls for transparency and accountability, while asserting that national security considerations must take precedence.

“What is wrong if the country is using spyware against the adverse elements? Nothing wrong with having spyware ... We cannot compromise and sacrifice the security of the nation,” Justice Kant verbally remarked.

The Supreme Court of India has orally observed that there is nothing inherently wrong with the government possessing or using spyware for the nation's safety, provided it is targeted at genuine threats such as terrorists and adverse elements. The court, however, remains attentive to concerns about misuse against private citizens and has outlined a process for individuals to seek information about whether they were targeted, without compromising national security.

Agencies