Apetition has been filed in the Supreme Court seeking an independent probe by its sitting or retired judge into reports of snooping. The court will hear the petition next week.
Over 300 verified Indian mobile phone numbers, including those of two ministers, over 40 journalists, three opposition leaders, several businesspersons and activists in India were allegedly targeted.
Opposition leaders, including former Congress President Rahul Gandhi, Minister of State for Jal Shakti Prahlad Singh Patel, Railways and IT Minister Ashwini Vaishnaw, a former CBI chief and at least 40 journalists are on the list of the leaked database.
However, it is not established that all the phones were hacked.Supreme Court lawyer and cyber law expert Pavan Duggal says that the allegations must be investigated as privacy is a part of the fundamental Right to Life.
“It can only be deprived of in a court-issued procedure established by the law. At present, the government can only lawfully intercept under Section 69 of the Information technology Act and on certain limited grounds, Duggal told Moneycontrol.
Since a spyware is not authorised under the law, the use of malware like Pegasus amounts to cybercrime, he added.
Congress has demanded an inquiry into the Pegasus scandal, accusing the government of “treason”.
“The prime minister and the home minister have used this weapon against the Indians and our institutions. The only word for this is treason…. and this has to be investigated, said Rahul Gandhi, one of the politicians on the list.
Besides, in a letter to Chief Justice of India (CJI) NV Ramana, over 500 individuals and groups have called for an immediate intervention of the Supreme Court in the matter.
The letter, signed by activists, including Aruna Roy, Anjali Bhardwaj, Harsh Mander, scholars and eminent lawyers like Vrinda Grover, Jhuma Sen among others, calls on the top court to declare a moratorium on the export, sale, transfer and use of Pegasus spyware in India.
They also urged the court to direct the Centre and the Israeli firm NSO to answer questions regarding the state-sponsored cyber-warfare waged against Indian citizens.
President Ram Nath Kovind has also been urged to intervene in the matter. Seven opposition parties recently wrote to Kovind seeking directions to discuss the Pegasus report in the ongoing Monsoon session of Parliament.
BSP, RLP, SAD, National Conference, CPI, CPI(M), NCP are the signatories to the letter.
The Union Government has thus far rejected spying claims and said that any covert surveillance is done as per strict rules and oversight.
Union ministers, including Home Minister Amit Shah, have alleged that the release of the reports by the global media consortium was deliberately coordinated to coincide with the eve of the current session of the Indian parliament.
However, the Centre has neither accepted nor denied claims that it is a client of NSO Group.
Meanwhile, the Parliament could hardly transact any business as the Pegasus issue dominated the discourse since the Monsoon Session started on July 19.
Congress party workers carrying banners and placards shout slogans as they take part in a demonstration against the BJP-led government against alleged surveillance operation using the Pegasus spyware, in New Delhi on July 20, 2021. (Photo by Prakash SINGH /AFP)
