Will pass order without Centre's affidavit: Five things Supreme Court said in Pegasus case hearing

The Supreme Court on Monday reserved its order on a bunch of petitions seeking probe into Pegasus surveillance scandal (Manohar Lal Sharma v. Union of India)..The matter was heard by a Bench of Chief Justice of India (CJI) NV Ramana and Justices Surya Kant and Hima Kohli.The Bench made some pertinent observations during the hearing of the case. Below are five observations by the Bench from the hearing..National Security issues not being considered by CourtThe Court made it clear that issues of national security are not being considered by the Bench. Instead, the hearing was on aspects relating to violation of privacy of individuals.“National security is not a part of present proceedings. We are not interested to know about national interest issues but we are only on the face of allegations some software was used to snoop certain citizens like lawyers etc. we wanted to know if it is done to see if its permissible under law,” the Court said..Was Pegasus used to spy on individuals and whether it was done lawfullyThe Court said the Central government is not expected to disclose anything concerning national security but only needs to put on affidavit whether the software was used to spy on individuals.“When the matter came up a few days back and national security arose, we said that no one is interested to disclose anything which comprises internal or external national integrity. We were only expecting a limited affidavit since there are petitioners before us who say their rights have been infringed by A or B agency. You (Centre) had to say whether it was done lawfully or unlawfully,” the Court said..Appointing committee of inquiry not the questionWhile the Centre maintained that it is ready to appoint a committee to make an inquiry, the Supreme Court said that the immediate issue was not about the committee.“Appointing a committee or making inquiry is not the question here. If you file an affidavit then we know where you stand. There is a procedure established under law which allows interception too... we need to have your affidavit to understand where you stand,” the Court said..We gave fair opportunity to CentreThe Court said that it gave a fair opportunity to the Centre to file an affidavit on whether Pegasus was used or not.Since the Centre has refused to answer on that aspect,“We had given fair opportunity to centre to make a statement. Now they don't want to file affidavit. So, we will pass an order like that,” the Court said..Centre can file affidavit if it reconsiders its stanceThe CJI remarked that the Centre has repeatedly cited security issues to refrain from answering on affidavit.“You have repeatedly been saying that you don't want to put anything in affidavit. We also don't want security issues to be put here. Presumably a committee has been formed and then the report will be submitted here. Now we have to look into whole issue and decide something. Mr Mehta beating around the issue is not the question here. Let us see what to do,” the Bench remarked..The Court proceeded to reserve its order while stating that Solicitor General Tushar Mehta can file an affidavit within two to three days if the government reconsiders its stance.

Will pass order without Centre's affidavit: Five things Supreme Court said in Pegasus case hearing

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