Indian Supreme Court orders inquiry into state’s use of Pegasus spyware

Relevant stuff from the article:

“India’s supreme court has ordered an inquiry by an independent committee into the question of whether the government used Pegasus surveillance software for illegal spying.

The committee will comprise three cybersecurity experts and its work will be overseen by a retired supreme court judge. It will submit its report in two months.

In announcing their decision, the judges criticised the government’s refusal to divulge, on the grounds of national security, any details of what the software was used for and why. They said Delhi had offered “only a vague … denial of allegations”.

NSO has said its hacking software is only meant to be used by government clients to conduct legitimate investigations into serious crime.

The Indian government has said very little on the scandal, largely confining itself to accusing those making the allegations of trying to discredit the country and malign Indian democracy with their “anti-India agenda.

During earlier hearings, the government had offered to form its own panel of experts but this was rejected on Wednesday by the judges, who began the hearing by noting the “Orwellian concerns” about the misuse of technology.”

Earlier this year, the Supreme Court formed a committee [1] to listen to the grievances of farmers relating to three farm laws introduced in 2020. That committee was ordered to submit their report in two months. However, it's been nine months now and that committee report [2] has neither been made public nor have the judges considered it in open court. Hopefully, this committee avoids the same fate.

[1] https://main.sci.gov.in/supremecourt/2020/21097/21097_2020_3...

[2] https://indianexpress.com/article/india/release-our-report-i...

“The state cannot get a free pass every time by raising national security concerns. No omnibus prohibition can be called against judicial review,” the judges said. What an interesting concept.

The Indian government is democratically elected, the supreme court is a closed club.

The Indian government investigates citizens with shady international activities.

The (undemocratic) court wants access to state secrets.

Not happening.

They have appointed academics to look into it. So I am imagining an Indian Jack Ryan walks into their CIA and hijinks unfold.

Chanakya niti - spying is more important than the army. The spy can even stop a war.

meh. i wrote about this just yesterday. i am more concerned about being forced on gunpoint to hand over my phone and with that, i am not sure what was installed.

https://news.ycombinator.com/item?id=29003645 and the link in question.

https://thekashmirwalla.com/not-pegasus-kashmiris-are-worrie...

> The judges said indiscriminate spying could not be allowed and highlighted the “chilling” effect it could have on freedom of speech and freedom of the press.

I don't know if this is what the judges said or if it is the Guardian's spin on what they said. Either way, the Indian constitution has no separate guarantee for "freedom of the press."[1] Theoretically, the press has as much (or as little) freedom as the common man. Practically, the ability to openly blackmail all and sundry means they can say what they want without repercussions.

Further, Article 19(2) severely restricts any such right to "freedom of expression" for a variety of reasons, including national security:

> Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence

In a twist of irony, Jawaharlal Nehru, former prime minister and the great-grandfather of the Rahul Gandhi mentioned in the Guardian article is responsible for this curtailment of rights. He could not run his socialist regime in peace if there was absolute freedom of speech and expression.

I am sure there is some law somewhere which allows the Indian government to spy on its citizens. After all, there are hundreds of British-era laws still on the books. The only question is whether such spying is "reasonable."

There, I would prefer to give the benefit of the doubt to elected representatives. I am not in favor of handing over veto power over executive decisions to judges who are not only unelected, but probably unique in any democratic country to have reserved the power to select their own replacements. Imagine the US Senate twiddling its thumbs while US Supreme Court judges selected not only their own successors, but also every single judge in the federal judiciary.

[1] Article 19(1) (https://indiankanoon.org/doc/1218090/)