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The Supreme Court has issued notice to the Union of India today in the Pegasus Petitions pending before it. While the Court did not state that it shall look into the merits and averments of the plea(s) specifically, it did say that it shall consider and decide the future course of action, viz. the setting up of panel of experts (that the Centre suggested) earlier on affidavit.

The Solicitor General of India, Tushar Mehta told a bench led by CJI NV Ramana, Justice Surya Kant and Justice Aniruddha Bose that an additional affidavit revealing details of the surveillance that India adopts will be detrimental to national security and though in no way, he means to suggest that the information will not be disclosed to anyone, to have sensitive information in public domain shall have extraordinary ramifications.

"We have nothing to hide. I would be failing in my duties if I advise the Government of India to place information of this nature in the public domain. I am not saying the GOI will not reveal it to anyone, a Court mandates Committee will have a panel and they will have access to everything. But to say it will be in public domain, this can have a detrimental effect on national security," said SG Mehta

The Law Officer further added that a narrative has built by a web portal and petitions are filed.

The exchange further went on like this:

"I wish to make it clear that it is not my case that i do not wish to divulge information, let me simply say it before a Committee of experts," said Mehta

"We are not here for that, not even here to direct you or compel you to file Counter affidavit, said CJI NV Ramana 

"Security of state is as important to citizens of this country as it is to the State," Senior Advocate Kapil Sibal said

"Okay, you don't need to elaborate on this. Its fine its fine... we are not here to tell Centre what to do," said CJI NV Ramana

The hearing was a short one and it will now take place after 10 days.

Yesterday, the Centre had maintained throughout the hearing that the reply on whether any kind of illegal snooping was done or not was already given to the Parliament and that in light of checks and balances that exist, it was not possible to do any surveillance which did not have national security reasons. 

Petitioners, on the other hand submitted that since the Centre has made no categorical statements, they must come ahead and take charge by either accepting or denying on the use of Pegasus. “Our arguments will be based on what they say, as to whether pegasus was used or not,” says Kapil Sibal (appearing for The Hindu’s N. Ram).

Earlier Developments

On the last date of hearing, CJI NV Ramana, while hearing the matter said,

“Any of these people who are interested in matters and are saying things in the media — we hope you will answer within Court. If you don’t have faith, it is another thing. You must have faith in system. Expressing opinions on Twitter and all, what is this... I hope the petitioners are able to answer us in the four walls of the Court halls, everyone will face the music."

CJI also expressed displeasure at expression of opinions in a case which is sub-judice by petitioner(s).

Sibal had then said that he shall instruct his client(s) to practice restraint.

A batch of petitions have been filed seeking similar relief in the present matter, by Adv. ML Sharma, CPI MP John Brittas, N Ram of The Hindu, Jagdeep Chokkar, Narendra Mishra, Rupesh Kumar Singh, Paranjoy Guha Thakurta, SNM Abdi and the Editors Guild of India.

On 19th July 2021, a consortium of 17 international media organizations including an Indian news portal published an investigation around a leaked list of phone numbers from across the world, named the Pegasus Project.

Case Title: ML Sharma v. PM Narendra Modi | N. Ram & Ors v. UOI | John Brittas v. UOI | Editors Guild of India v. UOI | Yashwant Singh v. UOI