SC to Centre: Don't reveal anything affecting national security

THE Supreme Court Tuesday issued notice to the Centre on a batch of pleas seeking independent probe into the alleged Pegasus snooping matter, making it clear that it did not want the government to disclose anything which compromises national security. The apex court, which asked the Centre what is the "problem" if the competent authority files an affidavit before it on the issue, said it was not asking the government to disclose any information which relates to security and defence of the nation as these things must be "confidential and secret".

A bench headed by Chief Justice NV Ramana said this after Solicitor General Tushar Mehta, appearing for the Centre, said that divulging information on affidavit on the issue of whether the Israeli firm NSO's Pegasus spyware was used or not would involve the aspect of national security. The bench said the petitioners, who are civilians and some of them are persons of eminence, have alleged snooping on their phones through the spyware.

"They are alleging snooping or hacking or whatever you call interception of their phones. Now, this can be done in case of civilians also and rules permits this. But that can be done only with the permission of the competent authority. There is nothing wrong in that. What is the problem if that competent authority files an affidavit before us," the bench, also comprising Justices Surya Kant and Aniruddha Bose, told Mehta.

The bench said it doesn't want even a word in the affidavit regarding the defence or national security of the country. "That issue is absolutely beyond the domain of these proceedings and like you, we are extremely reluctant to know anything about that... That is something which must be confidential and secret. There is no issue on that," the bench said.

While referring to the aspect of national security, Mehta said the government is not saying it will not tell this to anyone. "I am just saying that I don't wish to tell it publicly," he told the bench, which posted the matter for hearing after 10 days. He said the government had made its stand clear in the affidavit which was filed on Monday. "Our considered response is what we have respectfully stated in our last affidavit. Kindly examine the issue from our point of view as our affidavit is sufficient," Mehta told the bench, adding, "The Government of India is before the highest court of the country."

Mehta argued that the government will place all the material before the committee, which will consist of neutral experts and not government officials, and the panel will examine it and report to the apex court. "This can't be a subject matter of affidavit and public debate," he said, adding, "This is a sensitive matter and this has to be dealt with sensitivity." When Mehta referred to the national security aspect, the bench said it was not asking the government to disclose any such thing.

Senior advocate Kapil Sibal, appearing for veteran journalists N Ram and Sashi Kumar who have filed a petition in the matter, said they do not want the state to divulge any information which may have bearing on national security.