SC defends use of spyware for national security, says privacy not absolute

The Supreme Court on April 29 weighed in firmly on the controversy surrounding Pegasus spyware, asserting that the possession or use of surveillance tools by a nation is not inherently problematic, as long as they are deployed in the interest of national security.

“You can’t compromise or sacrifice the security of the nation,” remarked Justice Surya Kant, who was presiding over a two-judge bench alongside Justice N K Singh. The court was hearing a batch of petitions linked to the explosive 2021 allegations that Pegasus — an Israeli-origin military-grade spyware — was being used to surveil journalists, activists, and opposition leaders in India.

Senior Advocate Dinesh Dwivedi, representing several petitioners, argued that the core issue is not merely whether specific individuals were targeted, but whether the government possesses and uses Pegasus at all. “Because if they have it, there is nothing to prevent them from continuously using it to date,” Dwivedi stated.

Justice Kant responded by drawing a clear line between legitimate state use and potential misuse. “What’s wrong if the country is using that spyware against terrorists? To have spyware is not wrong. Against whom it is used... that is the point,” he said.

Solicitor General Tushar Mehta, appearing for the Centre, reinforced the state’s stance, arguing that “terrorists cannot have privacy rights even if you claim them to be.” Justice Kant, however, was quick to balance the conversation: “A private civilian has a privacy right and protection under the Constitution. Their complaint with regard to that can always be looked into.”

In 2021, the Supreme Court constituted a three-member technical committee led by retired Justice R V Raveendran to investigate the Pegasus allegations. The panel, after forensic examination of multiple devices, reported no conclusive evidence of spyware usage.

The petitioners are now seeking redacted copies of the report. The court has scheduled the next hearing for July 30.