Governance Pegasus Case GS Paper - 2 Cyber Security Judgem | Deepak UPSC Notes

Governance

Pegasus Case

GS Paper - 2

Cyber Security

Judgements & Cases

Why in News

Recently, the Supreme Court (SC) has appointed an expert committee [to be overseen by a retired apex court judge (Justice Raveendran Committee)] in the Pegasus case.

Under the case, the Union Government is alleged to have used spyware for surveillance on private citizens.

Supreme Court Judgment:

Judicial Principle Against Bias:

The court rejected the government’s plea to set up its own probe.

Formation of Expert Committee:

On account of the government's inaction to file a detailed response to the allegations made by the petitioners, the Court has constituted a panel of experts under former SC judge Justice R V Raveendran

Terms of Recommendation:

The court has also asked the Raveendran committee to make recommendations on a legal and policy framework to protect citizens against surveillance and enhance cyber security of the country.

Issues Addressed by the SC:

Right to Privacy:

The court reiterated that right to privacy is as sacrosanct as human existence and is inalienable to human dignity and autonomy.

The Right to Privacy was held as a part of fundamental rights by the Supreme Court in K S Puttaswamy case, 2017.

Any surveillance or snooping done on an individual by the state or any outside agency is an infringement of that person’s right to privacy.

Surveillance on Free Speech:

The Court has drawn a link between surveillance and self-censorship.

The knowledge that one is under the threat of being spied on leads to self-censorship and potential chilling effect.

The chilling effect surveillance can produce is an assault on the vital public-watchdog role of the press, which may undermine the ability of the press to provide accurate and reliable information (Free Speech).

It further held that, an important and necessary corollary of such a right is to ensure the protection of sources of information