In its October 27 judgment, last year, the top Court had berated the Central government for raising the argument of national security to defend its case stating that it cannot be an omnibus argument to gain a free pass every time the Court exercises judicial review.
“State cannot get free pass every time by raising national security concerns. no omnibus prohibition can be called against judicial review. Centre should have justified its stand here and not render the court a mute spectator,” the top court said.
The Central government had earlier refused to file an official affidavit in the matter citing that the issue concerns national security.
“There has been no specific denial by Centre (about use of Pegasus). Thus we have no option but to accept the submissions of petitioner prima facie and thus we appoint an expert committee whose function will be overseen by the supreme court,” the top court ordered.
The Court also said that while it is the era of information technology which is crucial for our daily lives, it is equally important to safeguard the privacy of citizens.
While there are restrictions on right to privacy, the same are bound by Constitutional safeguards. Restrictions on privacy can be imposed only for prevention of terrorist activities in the interest of national security, the Court had held while constituting the expert committee.
Source: Barandbench
