Pegasus is basically a spyware developed by a firm in Israel that clandestinely get installed on mobile phones. The Pegasus Project investigations alleged that the Pegasus spyware was used on oppositional leaders, politicians, journalists, and other head authorities of India.
The Supreme Court of India on Wednesday delivered a landmark judgement in the cyber world of the Pegasus issue. The judgement relates with the Constitution of India specifically with the Right to Privacy delivered in the Puttuswamy case in 2017.
The bench was headed by CJI N. V. Ramana who made a strong intervention in the right to privacy and set up an independent committee with other senior judges.
The Court came up with three principles based on some issues regarding the Pegasus Controversy. They are as follows –
- Any observation on an individual done by the state amounts to infringement of right to privacy and any such violation should be done in accordance with the legal procedures.
- Right to secrecy should be followed and even if there is infringement of this right by the government, there is a scope for judicial review.
- The court said that surveillance is an important factor to understand the citizens and their workings. This does not hamper the individual’s freedom.
Along with these principles, the aim of the committee was to “enquire, investigate and determine” the Pegasus spyware. Thus, the judgement is a new framework for democracy since it acknowledges the rights and issues of the people and adheres to the real working of democracy.
– Chinmayee Kulkarni
(Content Writer, WCSF)
Good synopsis of the judgement.
The Power of the Government to Surveillance individual’s communication cannot be absolute, it is subjected to restrictions imposed under Article 19(2) of Constitution. Otherwise there is high chance of misusing powers which could affect individual’s right to privacy.