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Bengal to go slow on Pegasus probe after SC calls for ‘restraint’
The Pegasus row erupted on July 18 after an international investigative consortium reported that the phones of Indian ministers, politicians, activists, businessmen and journalists were among the 50,000 that were potentially targeted by Pegasus, Israeli company NSO Group’s phone hacking software.
Nudged by the Supreme Court, the West Bengal government on Wednesday agreed to go slow on its probe into the Pegasus snooping controversy by a two-member commission of inquiry headed by retired judge Madan B Lokur.
A top court bench, headed by Chief Justice of India (CJI) NV Ramana, was clear that since the entire gamut of the Pegasus controversy was being considered by it in a separate bunch of cases where the Union government has offered to set up an expert committee to examine various aspects of charges related to the alleged snooping, it made sense for the West Bengal panel to “show restraint”.
“Of course, it (commission by West Bengal) has a bearing with the set of other matters being heard by us. In all fairness, we expect that you can wait for some time. If you want us to pass some orders, we can do that too. But you will have to maintain restraint,” the bench, which also included justice Surya Kant, told senior lawyer Abhishek Manu Singhvi, who appeared for the state government.
At the outset of the hearing, senior advocate Harish Salve, who represented the petition filed by NGO Global Village Foundation Public Charitable Trust seeking disbanding of the commission, submitted that there cannot be two parallel inquiries in the same subject matter.
Opposing this, Singhvi questioned the bona fide of the petition but the bench remained firm that notwithstanding the petitioner’s legal standing, the state government will have to hold its hand till the court takes up all the cases together sometime next week.
“The other cases will have pari materia effect (form part of the same subject matter) on this case too. We will have your assistance when we hear those cases but you will have to agree to not do anything. You will not issue public notice or hold hearings,” the bench told Singhvi.
At this, the senior counsel sought to point out that nothing drastic will be done by the commission in the next one or two weeks, but it must also be taken note of that there is a panel which is already examining the matter. “Between now and next week, nothing earth shattering is happening. But a single word by your lordships word will create a huge splash and that’s what they want,” submitted Singhvi.
The bench, however, retorted: “But it is you who is inviting an order. We are saying that we will not stay (the proceedings before the commission) because you have agreed that you will not precipitate the matter. But if you start hearing and holding inquiries then we will have to stop it. Please, show restraint.”
With the writing on the wall clear, Singhvi responded: “Please, say nothing. The court does not need to say anything. I will convey it. Nothing will happen for one or two weeks.”
Following the assurance from Singhvi, the court issued a formal notice on the NGO’s petition and tagged it with the clutch of other cases filed by journalists, politicians and civil rights activists who have demanded a court-monitored investigation into the alleged snooping row.
The Pegasus row erupted on July 18 after an international investigative consortium reported that the phones of Indian ministers, politicians, activists, businessmen and journalists were among the 50,000 that were potentially targeted by Pegasus, Israeli company NSO Group’s phone hacking software. According to this consortium, Pegasus can switch on a target’s phone camera and microphone, as well as access data on the device, effectively turning a phone into a pocket spy.
On August 18, the bench agreed to examine the NGO’s petition, argued by advocate Saurabh Mishra who also asked for an immediate stay on proceedings before justice Lokur’s commission to avoid any parallel inquiry.
On Tuesday, the West Bengal government filed its reply affidavit to the NGO’s petition, calling the Union government “non-committal and evasive” on the issue. Justifying the creation of the panel, which also comprised former acting chief justice of the Calcutta high court Jyotirmay Bhattacharya, the state said that the commission will “put into place effective countermeasures against any rogue foreign spyware”.
The Mamata Banerjee-led government also questioned the motive behind the NGO’s plea, claiming that the trustee and chairman of the NGO has close links with the Rashtriya Swayamsevak Sangh (RSS) and its affiliate, Swadeshi Jagran Manch.
“It cannot be disputed that RSS and the Swadeshi Jagran Manch and the ruling party at the Centre, the Bharatiya Janta Party (BJP) are affiliates and have often vilified the state government for political gains,” stated the affidavit, contending that the petition is filed with the intent to obstruct any independent inquiry into the matter.
The West Bengal government further maintained that given the potential ramifications of the media reports on the fundamental right to privacy, independence of public institutions and the preservation of democracy, “the state government could not sit as a silent spectator particularly when the Union government was not only non-committal and evasive on the subject but had also at the very threshold dismissed the allegations under the rubric of sensationalism”.
The Supreme Court is expected to take up next week a bunch of other petitions on the Pegasus controversy. Responding to these petitions, the Union government has offered to set up an expert committee to look into the row while maintaining that a “false narrative” is being spun over the use of Pegasus. The Centre has, however, refused to disclose whether it used Pegasus for tracking individuals, citing concerns of national security and defence of the country.
