The Centre must fully cooperate with the inquiry instituted by the SC on spyware use
When damning revelations emerged that many phones of journalists, activists and even doctors and court staff were targets of military-grade spyware designed not only to grab data but also take control of devices, the Government ought to have responded, as some nations did, with alarm and alacrity. Instead, it resorted to a bald claim that illegal surveillance is not possible in India, and that the disclosure of whether or not a particular software suite was used by its agencies would compromise national security. The Court is right in making it plain that any such concern or claim of immunity ought to have been substantiated on affidavit. What is quite appalling is that the Government was unwilling even to disclose what action had been taken after it admitted in Parliament in 2019 that it was aware of some WhatsApp users being targeted by Pegasus. Its offer of ordering an inquiry on its own has been rightly rejected by the Court — it would command little credibility. The Court-supervised panel appears to have the required expertise and independence, but its success in unravelling the truth may depend on how much information it can extract from the Government and its surveillance agencies. For its part, the Government would do well to depart from its record of obfuscation and stonewalling and cooperate with the inquiry.
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