SC asks, what is wrong if country is using spyware against terrorists?

New Delhi: The Supreme Court on Tuesday wondered what was wrong in using the "spyware against terrorists" and said any report which touched upon the country's "security and sovereignty" will not be made public.

The top court said, "What is wrong if the country is using the spyware against the terrorists? To have spyware is not wrong, against whom you are using is the question. You can't compromise with the security of nation. Private civil individual who has right to privacy will be protected under the Constitution."

According to a PTI report, a bench of Justice Surya Kant and Justice N Kotiswar Singh indicated it may address individual apprehensions of privacy breach but the report of the technical committee was no document to discuss "on the streets".

The bench said, "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 apex court said that it will examine the extent to which the technical panel report could be shared in public, PTI reported.

Senior advocate Kapil Sibal, appearing for journalist Paranjoy Guha Thakurta, referred to a US district court judgment.

"WhatsApp itself has disclosed that there was a hack. That time your lordships had not indicated whether hacking took place. Even experts didn't say so. Now you have evidence. Evidence by WhatsApp. We will circulate the judgment. The redacted portion should be given to concerned individuals so they know," Sibal said.

However, Solicitor general Tushar Mehta suggested against any "roving enquiry". There was nothing wrong in using the spyware against terrorists and they cannot have right to privacy, he added.

Senior advocate Shyam Divan, for one of the petitioners, said the report of the technical committee should be disclosed without any redaction.

The apex court then posted the hearing on July 30.

On August 25, 2022, the technical panel appointed by the top court to probe the unauthorised use of Pegasus found malware in five of the 29 examined cell phones but it couldn't conclude Pegasus was used.

An international media consortium reported over 300 verified Indian cell phone numbers were on the list of potential targets for surveillance using the Pegasus spyware.