Pavan Duggal
Cyber Law Expert
The Supreme Court has once again emerged as the guardian of privacy and other rights of the citizens with its landmark judgment in the Pegasus case. The Pegasus issue has rocked many countries across the world, including India. Various Indian stakeholders complained of being targeted by the Pegasus software, which is a spyware aimed to strip them of their privacy. Consequently, petitions were filed before the apex court.
While analysing those petitions, the court was categorically asking the Union of India to come up with its crystal clear response to the same. However, the government’s approach was embodied in raising the flag of national sovereignty and security. So much so, the government also did not take any clear stand before the court on the actions taken by it regarding Pegasus.
Consequently, keeping in mind the compelling circumstances, the court has come up with a judgment built upon the existing jurisprudence on privacy. By forming the technical committee, the court has started the process for examining in depth various allegations made by petitioners on the unauthorised activities and spying engaged in through the use of the Pegasus software, which is created by a legal entity based in Israel.
While surveillance is a legitimate tool in the hands of governments, it can only be in accordance with the stipulated parameters and procedures established by law. No wonder, the Supreme Court categorically held that indiscriminate spying of citizens cannot be allowed except in accordance with law. This becomes more relevant given the fact that India is a democratic country governed by rule of law.
While the said judgment is historic as it has upheld the importance of protecting the right to ..
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