A bench of Chief Justice of India (CJI) NV Ramana and Justices Surya Kant and Hima Kohli, after examining a voluminous report submitted by the three-member expert committee, noted that while some malware was found in 5 of the 29 devices, the same was not Pegasus.
“We are concerned about technical committee 29 phones were given… in 5 phones some malware was found but the technical committee says it cannot be said to be Pegasus. They say it cannot be said to be Pegasus,” the bench remarked.
The committee headed by former Supreme Court judge, Justice RV Raveendran had submitted its report to the Court in July this year.
The committee also comprised Alok Joshi (former IPS Officer) and Dr. Sundeep Oberoi, Chairman, Sub Committee in (International Organisation of Standardisation/International Electro-Technical Commission/Joint Technical Committee).
Pertinently, the Court noted that the Government of India did not assist the committee.
“Technical committee says Government of India has not helped it,” the bench remarked.
The Court also hinted that it will consider how to take the case forward while stating it might also upload the report on the website of the Court.
The matter was then adjourned for four weeks.
The report by the Committee recommended enactment of a law on surveillance and improving right to privacy, enhancing cyber security of nation, strengthening the protection of right to privacy of citizens, and also a mechanism for raising grievance regarding surveillance which is illegal.
Senior Advocate Kapil Sibal appearing for one of the petitioners said that they have a right to know what kind of malware etc was found. He, therefore, sought a copy of the report.
“We don’t have portions which have national security implications but we need to know what was the malware and if a redacted version can be given to the ones who gave their phones,” Sibal said.
Similar sentiments were echoed by advocate Vrinda Grover.
“Here my device was also examined and we need to know what was the malware as it was forensically examined. My client is also facing criminal charges,” Grover said.
Source: Barandbench
