There is nothing wrong with a country using spyware but against whom it is used will be looked into, the Supreme Court said Tuesday while hearing the Pegasus snooping case.
An international media consortium had reported that over 300 verified Indian cellphone numbers were on the list of potential targets for surveillance using the Pegasus spyware.
A bench of Justice Surya Kant and Justice N. Kotiswar Singh said the report of the technical committee should not be made a document for discussion on the streets.
"Any report which touches the security and sovereignty of the country will not be touched. But individuals who want to know whether they are included, that can be informed. Yes, individual apprehension must be addressed but it cannot be made a document for discussion on the streets," the bench observed.
The top court also said it will have to examine to what extent the technical panel report can be shared with individuals.
“What is wrong if the country is using spyware,” the apex court bench asked at one point in the hearing, according to legal news website Bar and Bench’s live reportage of the hearing. “Let us be clear: No issue in having a spyware… It can be used against some.. Let us not compromise security of the nation. Yes using against whom is the question ? Of course if it is used against a civil society person .. that will be looked at.”
Senior advocate Kapil Sibal, appearing for one of the petitioners, submitted that there is a US district court judgment. "WhatsApp itself has disclosed here. Not a third party. WhatsApp has said about the hacking," Sibal said.
The court posted for July 30 the next hearing on pleas for probing alleged unauthorised use of the spyware.