No conclusive evidence of Pegasus spyware, Centre did not cooperate: Five observations by SC panel in snooping case

The Supreme Court-appointed panel investigating the Pegasus snooping case told a CJI-led court on Thursday that it found no solid evidence that the spyware was found in the 29 mobile phones it examined.

A bench comprising Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli orally remarked that Government of India did not cooperate with the Committee and reiterated its previous stand of not disclosing whether it has used the spyware for snooping on citizens.

"One thing committee has said, Government of India has not cooperated. The same stand you took here, you have taken there..." CJI Ramana told Solicitor General Tushar Mehta.

The bench further said that the Committee discovered malware on 5 of the 29 devices presented to it. However, it is unknown whether the malware was Pegasus. Furthermore, members who had submitted their phones had requested that the report not be released. As a result, the Supreme Court has expressed its disinclination to make the report public and said that it will consider whether a redacted version can be made available.

The Pegasus snooping case will now be heard after four weeks. Registry will give the next date of hearing.The committee headed by former Supreme Court judge, Justice RV Raveendran had submitted its report to the Court in July this year.

The committee also comprised Alok Joshi (former IPS Officer) and Dr. Sundeep Oberoi, Chairman, Sub Committee in (International Organisation of Standardisation/International Electro-Technical Commission/Joint Technical Committee).

The Committee's report proposed enacting a legislation on surveillance and improving citizens' right to privacy, improving national cyber security, strengthening citizens' right to privacy, and creating a mechanism for filing complaints about illegal surveillance.

Senior Advocate Kapil Sibal, who spoke for one of the petitioners, argued that they have a right to know what kind of malware, among other things, was discovered. As a result, he requested a copy of the report.

Some major points made during the judgement:

- No Pegasus found in 29 devices examined by committee

- Malware found in 5 devices but not Pegasus

- Government of India did not assist the committee

- Justice Raveendran recommends enactment of law on surveillance, improving privacy of citizens

- Supreme Court might upload copy of the committee report on website

- No order passed by Court yet; matter will be heard after 4 weeks

What is the Pegasus Spyware Row?

After reports by an international media consortium alleged that over 300 verified mobile phone numbers, including two Union ministers, over 40 journalists, three opposition leaders, activists and one sitting judge in India could have been targeted for hacking through Israeli spyware Pegasus.

The central government denied the allegations of snooping, with the IT ministry claiming no "unauthorized surveillance."

The opposition accused the government of being opaque on the subject and wanted clarification on whether the spyware was used to spy on Indian citizens.

NSO Group, the Israeli company behind Pegasus, has insisted that their spyware was only for use by government agencies combatting terrorism and organised crime.