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The Editors Guild of India moved Supreme Court seeking probe into the Pegasus scandal by an independent Special Investigation Team (SIT) for safeguarding freedom of the press, and privacy including freedom of speech and expression.

It must be noted that the Petitioner is a registered society founded in 1978 with the twin objectives of protecting press freedom and for raising the standards of editorial leadership of newspapers and magazines.

The present public interest petition seeks for the following reliefs -

• Enforcement of the freedom of the press from interference through spying, hacking, and electronic surveillance.
• To enforce the right to know on behalf of all citizens of India about the violation of fundamental rights, abuse of power, and commission of criminal offences through use of electronic surveillance, hacking and spyware against Indian citizens.
• A fair and impartial investigation by a special investigation team appointed by and under continued monitoring by this Hon’ble Court.
• A complete overhaul of the architecture for surveillance by challenging the constitutional vires of Section 5 of the Indian Telegraph Act, 1885, Rule 419A of the Indian Telegraph Rules 1951, Section 69 of the Information Technology Act, 2000 and Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption) of Information Rules, 2009.

“In the face of NSO Group’s stated position that it only sells to “vetted governments,” these allegations of spying raise grave concerns of abuse of office; dismantling of separation of power; infringement of fundamental rights to privacy, freedom of speech and expression, and freedom of the press; subversion of the democratic process; and commission of serious criminal offences. The Pegasus cyber-attacks, prima facie, disclose the commission of several serious offences under the Information Technology Act, 2000; the Indian Penal Code, 1860; the Indian Telegraph Act, 1885; and the Official Secrets Act, 1923.” – Excerpt from the plea

The petitioners further stated in the plea that, the Journalists are tasked with enforcing the public’s right to be informed, to accountability, and to open and transparent government.

“The Petitioner’s members and all journalists have the duty in our democracy of holding all branches of government accountable by seeking information, explanations and constitutionally valid justifications for state action and inaction. To be able to fulfil this role, freedom of the press must be safeguarded. Freedom of the press relies on non-interference by the government and its agencies in reporting of journalists, including their ability to securely and confidentially speaking with sources, investigate abuse of power and corruption, expose governmental incompetence, and speak with those in opposition to the government.”

The Petitioners, therefore are constrained to seek the intervention of Hon’ble Supreme Court in enforcing Rule of Law, public accountability, ensuring law and order, and safeguarding of fundamental rights, including freedom of speech and expression, freedom of the press, and privacy.

It is pertinent to mention that this is the fifth plea in line seeking probe in the Pegasus controversy. Prior to this Advocate ML Sharma,  CPI(M) Leader John Brittas , The Hindu’s N Ram Seeking Probe Into Pegasus Controversy & 5 alleged victims of Pegasus had also moved the Supreme Court seeking probe into the spying allegations. 

[Case title - The Editors Guild of India & Anr v UOI, 2021]